Describe and evaluate the approach of torts law towards breach of duty within the torts of negligence.

Egbert lost control of the car he was driving and collided with a group of people waiting in a bus queue on Oakdale High Street.. There are a number of psychiatric injury claims which have resulted from this incident. Anna had just said goodbye to her husband Charles as he crossed the road to join the bus queue; Anna was around the corner when she heard the noise resulting from the collision. She rushed back to find Charles on the ground injured. Ismail was queuing to pick up a take away coffee further down the road and saw the car collide into the queue clearly injuring his sister Sheela. Ismail also saw his work colleague Frank injured; Frank died at the scene. Ruby was stood at the back of the queue and just managed to fling herself out of the way, narrowly avoiding injury. Peter, a paramedic called to the scene has since had to take time off work because of repeated flash backs he experienced as a result of working with the injured people.
Egbert has admitted negligence so there is no issue regarding liability. Outline the possibility of a duty of care for psychiatric injury/nervous shock for the above people.(100 marks)
Question 2
Describe and evaluate the approach of torts law towards breach of duty within the torts of negligence.
(100 marks)
Question 3
Outline and assess how defences and limitation operate within the law of torts.(100 marks)
Question 4
John (a 45 year old accountant earning £55,000 a year gross) and his 42 year old wife Anthea Goodman were walking with their family along footpath towards Sunny Beach one day when a car driven at speed by David left the road and ploughed in to the family. John died at the scene. Anthea was badly injured, losing one kidney, suffering a fractured wrist and ankle which are not likely to recover. Anthea worked as a primary school teacher earning £40,000 a year gross but she cannot return to work; she also needs to employ house keeping assistance as she has mobility problems and is in chronic pain. Godfrey, their 5 year old son died at the scene of the accident. Their 22 year old daughter Kylie was one month away from taking her final nursing examinations and had secured a post working in a local hospital. Kylie suffered paralysis as a result of the accident and now requires constant nursing care at home and is unable to work. John’s elderly mother Ena, who had lived with the family for 6 years, was at home at the time of the accident.
Advise the family about the methodology and calculation of compensatory damages for the above losses would be approached.
(100 marks)

 

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