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.
Describe and evaluate the approach of torts law towards breach of duty within the torts of negligence.
Outline and assess how defences and limitation operate within the law of torts.
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.
Jason owns a semi detached house located in the centre of the quiet village of Oakendale. His neighbour Bryn keeps cockerels in his small garden and collects their manure. Jason cannot sleep properly because the cockerels make loud, repeated cock-a-doodle doo noises from dawn until dusk; it has got to the stage where the constant noise means he cannot even sit quietly to read a newspaper inside his house. Last week the tank that Bryn maintained which collected the animal manure exploded as a result of the gases which had developed leaving manure all over the conservatory and garden furniture at the back of Jason’s house. Jason was so frustrated by this latest event that he jumped over the garden wall into Bryn’s garden and locked him inside his own shed. Bryn was only released when the postman heard his calls two hours later. Bryn was so furious by this point that he knocked on Jason’s front door and then thumped him on the nose when Jason answered.
Advise the parties above regarding their possible liability within land based torts.
Outline and assess the remedies available for breaches of land based torts.