Summary:
- happy BStard wins $7,843,000 and decides to invest $5,000,000.
- Looses money because of the advices of Whizzkid and Hari Potta.
- Decides to spend $1,000,000 on promoting a charity.
- Utilises the services of Dan Dangerous, who while performing a dangerous hinder falls and dies.
* As a result:
- Dans pregnant ex girl friend Minnie has a miscarriage.
- Pradnose (an Onlooker) and Sam (fireman) got a offensive breakdown.
- Beryl, Dans mother, is traumatised.
- Julius, Dans mother has to rush to the site of accident and identify his sons body.
- Lucky accepts his negligence for choosing a wrong place for the extravaganza. Pays compensation to Dans estate.
Task:
- sack Lucky if he has any redress against Whizzkid and Hari Potta.
- Establish his financial obligation for Minnie, Prodnose, Sam, Beryl and Julius.
Discussion:
We are dealing with a showcase of tortuous liability and negligence.
By definition negligence is an element of many non-intentional torts or wrongs that an someone suffers because of nonfeasance, misfeasance or malfeasance of another. (Wikipedia)
In order to prove negligence it must be proven that handicap has occurred. Further, in order for the harm to be compensable, the defendant must be shown to have been negligent, and his negligence was the immediate cause of the harm sustained by the plaintiff.
Damages in case of negligence are awarded in proportion to the scope of the harm done. The severity of the negligence is irrelevant. However some negligent acts whitethorn be recognized as so egregious as to merit financial penalty over and above factual damages.
Proving Negligence:
Proving negligence is a complicated process and involves adjacent components.
Duty:
In tort law, a duty of care is a legal obligation impose on an individual requiring that they exercise a reasonable pattern of...
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