Jonathan v Albert and George
The claimants are Albert and George, which will be suing Jonathan in the tort of negligence for personal injury/damages. A tort in law is a civil wrong which causes unfair harm. The requirements for tort of negligence was stated by Lord Wright in Lochgelly v McMullan . Negligence is considered as a breach of a legal duty to take care, with the result that the damage is caused to the claimant . Albert and George would need to prove that Jonathan owed them a duty of care which included their deceased friend Victor, and then breached that duty of care therefore causing damage to the claimant(s). The key principles to consider are; duty of care, relationship of proximity and causation.
The neighbour principle established in the case of Donoghue v Stevenson coveys, that legally there is a duty in tort to take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour .The law today however relies on the Caparo test which originates from Caparo v Dickman . This test is significantly relevant as it applies to cases that involve personal injury and/or damage to property. To establish whether or not Jonathan owes a duty of care and on what basis, the courts need to apply three essential questions portrayed by the legal principle in the Caparo test. Firstly, whether or not the damage was reasonably foreseeable. Secondly, whether there was a relationship of proximity between Jonathan and the claimants. Lastly, was it fair, just and reasonable to impose a duty?
To establish reasonable foreseeability, the claimants need to be...
... middle of paper ...
...responsibility. The decision of leaving Victor behind could presumably be contributory to his death as he may have survived. Moreover, the foreseeability of further suffering establishes proximity as Victor died due to the shortage of ambulances and it was reasonable to assume he could die if not treated promptly. In this case, there is no particular reason why a public authority should have particular claimant(s) in mind while it is performing its statutory tasks .
To conclude, it can be stated that Jonathan did owe a duty of care towards his friends as the proximity created a reasonable duty of care, therefore Albert and George can sue for damages. In regard to the ambulance service, the service owed a duty of care to every person injured equally. In contrast to other emergency bodies, police/fire brigade services tend to provide services to the public at large.
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