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Recommended: Case of vicarious liability

Through this problem question I will investigate whether or not Barbara's (B) family or estate have any private law claims against Wessex Police. There are various legal issues that arise through this problem question such as duty, breach, causation and negligence. This problem question will look at the legal issue, identify the rule, use the various tests applicable to us and then come to a conclusion whether or not B’s family or B’s estate have any private law claims. This idea of public authorities (wessex police) being a subject to the ordinary principles of private law can be seen via the view of Dicey’s thoughts in regard to this subject.

When looking at the problem question, we see that the main legal issues are that of Duty of Care, Negligence and Causation. This idea of duty of care being an integral part of the courts; which then is quintessential for determining whether or not there is a liability of negligence can be seen in the case of D v East Berkshire Community NHS Trust (2005). When we relate this idea of duty of care to the problem question we have to find out whether or not Wessex Police were liable for negligence (another important legal issue), this can be found out by the means of causation and the tests attached to it. Applying the ‘But For Test’, we see that but for the police stopping at the gas station, they were delayed to come to Barbara's house and prevent the crime from happening. Through this we see that we have established factual causation but the next step is to establish legal causation and this includes the idea of remoteness (foreseeability). Through the facts of the case we see that it may be foreseeable to see that Barbara is in trouble due to the various attempts of Alan physically ass...

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...w claims against Wessex police at common law and via the Human Rights Act. If we take a look at the common law aspect of the problem question, we can see that through legal aspects such as negligence, duty of care and causation, B’s family or B’s estate can have private law claims against Wessex police at common law. This idea of B’s family or B’s estate having a private law claim against Wessex police can be augmented by the legal facet of vicarious liability, this liability has been established by the three stage test that renders Wessex police responsible for the action of their employees. Another vital aspect of the problem question that we have investigated is that of the Human Rights Act 1989. For this facet of the answer we have used cases as well Articles to show that B’s family or B’s Estate may have private law claims against Wessex police.

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