Scenario:
Fred is driving a car along a busy high street when his mobile phone rings. Whilst reaching for his phone, he loses control of the car and crashes into a lamppost. His passenger, Kate, suffers whiplash injuries. These injuries lead to a rare condition affecting the central nervous system, which causes Kate to experience partial paralysis to her left side.
Question: Discuss whether, in above scenario, Fred has been negligent towards Kate.
TASK TWO:
Scenario:
Your sister, Rose has just completed a course in Beauty Therapy and has been given the opportunity to open a beauty salon of her own. A friend of hers has told her that she needs to understand a variety of legal issues if she is to open her own salon and has mentioned the law of tort to her. Rose, knowing that you study law, has asked you to help her with this area of the law.
Prepare a power-point hand-out that can be used as a detailed teaching aid to help you to explain to Rose the liability requirements in the tort of negligence.
You should describe the three elements of negligence: duty of care, breach of duty and damage, and refer to key cases that show the requirements for proof of these three elements.
Remember that Rose is not studying law so you will need to explain the legal points to her in as straightforward a way as possible
TASK THREE:
Look again at the scenario in task two, if Kate proved all the elements of tort of negligence she would be entitled to damages. Describe, the methods used by the courts to assess the amount of damages to be awarded.