Introduction to Tort Law, Negligence

Introduction to Tort law of nature, NegligenceLaw is a strategy of rules created by the government in order to regulate and protect the society. Law is highly important to protect the rights of every member of the society from being harmed by others or even by themselves. The first case under abridgment is related to Phil, who is a freelance airline catering motortruck driver and is being prosecuted for cargonlessly knocking tweak Colin while waiting at a set of traffic lights on the perimeter road of Heathrow Airport. On turning left at the lights Phil knocked down Colin, who continue a broken collar bone, a broken leg and serious head injuries. Hilary, Colins wife, who was supposed to meet Colin at the traffic lights, witnessed the apoplexy and suffered a nervous daze as a result. The other case refers to Ralf, a health and safeguard officer, who was visiting one of XYZ plc device sites when was hit by a digger which Alex moved in order to annoy it out of the way of his truck. As a result, Ralf carry on two fractured ribs. This assignment will brook an analysis on both cases along with the engages that plaintiffs are fit to bring and recommendations for the same.The ripe tort of neglect has begun with the case of Donghue v Stevenson (1932). Negligence refers to conduct that falls down the stairs the standards established by law for the security measures of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonable person acting under similar circumstances.Colin v Phil (2015)The parties in this case are Colin, who is the plaintiff, and Phil, who is the defendant. This case between Colin and Phil is a Tort of Negligence issue, under the accomplished law, as at that place is a soften of duty owed by the defendant to the plaintiff, resulting in damages to the plaintiff. Tort is a wrongdoing that results in psychic trauma to another person or damage to propert y.Cyclists, as legitimate road users, must follow all highway laws, and as they are especially vulnerable, should mete out extra care while at the highways. Trucks make wide turns and Colin should take been more cautious and waited behind the truck until Phil has completed the manoeuvre as the fundament wheels come very close to the pavement while turning. At the time of the accident, Colin was wearing head phones, listening to an earlier Legislative Frameworks lecture, which is not considered illegal, however, it is unsafe as it reduces the individuals concentration drastically. The rule 73 of the UK Highway Code states that cyclists should pay particular attention to long fomites which need more room than ordinary to manoeuvre at corners. Truck drivers may not chew the fat the cyclists. They may harbour to move over to the right earlier turning left. Cyclists should wait until the trucks establish completed the manoeuvre as the rear wheels come very close to the kerb while turning. The space between the long vehicles and the kerb should not be a temptation to cyclists. Probably, if Colin was not wearing head phones, could have avoided this accident. Phil owed a duty of care towards Colin, therefore, the defendant is in breach of duty when fails to see Colin before turning left. Breach of duty occurs where a defendant falls below the standard of a reasonable person, in other words, he acted carelessly.Colin should be able to bring a claim against Phil due to his negligence driving see Clenshaw V Tanner (2002). In order for Colins claim of tortuous liability to be succeed, primarily, certain fundamental factors need to be proved i) the existence of a duty of care owed Phil to Colin ii) Phils duty has been breached or broken iii) the breach of duty resulted in Colins damage or injury. However, based upon Garatt v Saxby (2004), Phil may be able to reduce his damages if he proves that Colins negligence cycling has contributed to the accident by wearing head phones while cycling and standing on the nearside of his truck while waiting at the traffic lights see Froom v Butcher 1976.Hilary v Phil (2015)In English law, claims for nervous shock are related to psychiatric injury or disease as a result of seeing or hearing an event caused by a negligent breach of duty. The leading case of Alcock v Chief Constable of confederation Yorkshire (1992), defines the primary and secondary victims and the requirements to be met by the latter. The secondary victim has to meet to be eligible to bring a claim, which is in addition to be owed a duty of care by the defendant. A claim for nervous shock is likely to be arise when an individual witnesses an accident in which a congener is injured. In order to succeed in a claim for psychiatric harm against Phil, Hilary will have to prove that she has a close tie and fancy towards Colin, witnessed the accident with her own senses and proximity to the event and that her psychiatric illness was caused b y it. Hilary witnessed her own husband Colin being severely injured when he collided with Phils truck at the lights, where was supposed to meet him. Therefore, based upon Kelly v Hennessy (1995), Hilary would be able to bring a claim against Phil as she suffered a recognisable psychiatric illness caused by the defendants act.The parties in this case are Ralf, who is the plaintiff, Alex and XYZ plc, who are the defendants. This case between Ralf, Alex and XYZ plc is also a Tort of Negligence issue, under the civil law, as there is a breach of duty of care owed by the defendants towards the plaintiff, resulting in damages to the plaintiff.Ralf v Alex (2015)Every employees who work in construction sites have to be aware how dangerous their jobs may be in their workplaces. It is extremely important to make sure that every worker takes the all the precautions and wear safety equipment and follow all the safety rules while on site. Also, the employers and main contractors on duty have the obligation to provide a safe workplace and system of work. According to leighday.co.uk, 2 million people are currently employed in the construction industry, which represents only 5% of the employees in Britain, however, 22% of fatal accidents are related to this industry. Ralf sustained two fractured ribs as a result of being carelessly hit by a digger, which Alex was moving in order to get it out of the way of his truck. Alex, as a responsible construction employee, should be aware of the safety rules within construction sites and his prohibition of driving any vehicle on site, except his truck. Also, it is important to highlight that Alex was returning late from his lunch break at the time of the accident. Therefore, Ralph should be able to bring a claim against Alex due to his breach of duty, negligence driving and breach of contract, which led to causation, two broken ribs see Donoghue v Stevenson 1932. Based upon Hadley v Baxendale (1854), breach of contract occurs when ther e is a failure to adhere to the terms of a valid contract.Ralf v XYZ plc (2015)As was already mentioned above, constructions sites are extremely dangerous environments, however, the employers or main contractors on site have the obligation to ensure the safety of any employees, contractors or visitors to the site in order to minimise any possible dangers. Ralf should be authorise to claim a compensation from XYZ plc to pay the medical treatments and cover the financial pressures from being unable to work, as the employers or main contractors on site have not done everything they could to stop him from being injured by Alex. Based upon Doughty v Turner Manufacturing Company(1964), this is an example of breach of duty of care as XYZ plc failed to provide a duty of care towards Ralph, resulting in damage on the safety officer. The supervisors on duty should be aware of what Alex was about to do and have stopped him. Duty of care is an obligation recognized by law requiring a person to conform to a certain standard of conduct for the protection of others.Finally, this assignment has provided an analysis of two cases. The first case is about Phil, a truck driver who is facing legal issues for carelessly knocking down Colin, a cyclist, at the perimeter road of Heathrow Airport, causing him serious injurious. As a result, Hilary (Colins wife who was supposed to meet her husband at the traffic lights), witnessed the accident and sustained a nervous shock as a result. The second case relates to Ralph, a health and safety officer, who was hit by Alex, a construction worker who is also facing legal issues for moving a digger in order to get it out of the way of his truck. As a result, Ralf has sustained two broken ribs. Along with the analysis, the assignment also provides a recommendation on both cases in order for the claims to succeed.1520 WordsReferencesHodge, S. (2004) Tort LAW, Devon Willan PublishingStone, R. (2008). The modern law of contract. London Routledge-C avendish.Harvey, B. and Marston, J. (2009). Cases and commentary on tort. Oxford Oxford University Press.Elliot, E. and Quinn, F (2005) Tort Law. 5th ed. Essex. Pearson Education Ltd.Cooke, J. (2005),Law of Tort, 7thEdition.Pearson Essex.vLex, (2015).Garratt v Saxby, Court of Appeal Civil Division, February 18, 2004, 2004 EWCA Civ 341,2004 1 WLR 2152 Case Law VLEX 52571340. online Available at http//court-appeal.vlex.co.uk/vid/-52571340 Accessed 6 May 2015Leighday.co.uk, (2015).Construction industry accident claims construction site compensation leighday.co.uk. online Available at http//www.leighday.co.uk/Illness-and-injury/Accident-and- individualised-injury/Construction-industry-accident-claims Accessed 6 May 2015.Lawteacher.net, (2015).What is nervous shock? Law Teacher. online Available at http//www.lawteacher.net/free-law-essays/common-law/what-is-nervous-shock.php Accessed 6 May 2015Findlaw, (2015).Bicycle Accidents FindLaw. online Available at http//injury.findlaw.com/ car-accidents/bicycle-accidents.html Accessed 6 May 2015Irwin Mitchell, (2015).Construction Accident Compensation Claims Irwin Mitchell. online Available at http//www.irwinmitchell.com/personal/personal-injury-compensation/work-accident-illness-compensation-claims/construction-industry-accident-claims Accessed 6 May 2015