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L asked in 政治及管治法律及道德 · 1 decade ago

Question about Tort Law

Warne owns a house with a large garden. He employed Hingis Ltd, a firm specialising in tree management, to take down a large tree growing in his garden. Unfortunately Hingis Ltd mismanaged the work and a branch of the tree broke telephone wires leading from a pole across the road to Warne’s house. The wires were trailing dangerously on the road and Shane, a neighbour, fearing they would cause a traffic accident, was attempting to lift the wires to the side of the road when he was knocked down by Martina who was driving her car at speed round the corner. The accident aggravated a pre-existing back condition which meant that Shane’s injuries were fairly severe.

Advise Shane who wishes to know who, if any one, he can sue for compensation for his injuries.

1 Answer

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  • 1 decade ago
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    Shane can sue Hingis Ltd, as it is negligent in carrying out its tree management. ( the company is vicariously liable for the fault done by its employees)

    1) the duty of care exists as the some injury is reasonably foreseeable as a consequence of its act, i.e. mismanagement

    2) there is a breach of duty of care, the standard required is a reasonable person in the circumstances- the defendent is a firm specialising in tree management , the threshold should be higher.

    3) physical injury is done to Shane

    Is the car accident a mere link in the chain of causation or it is a 'novus actus interveniens)(NAI)?

    If Martina was driving recklessly, likely this is a NAI and break the causation, Shane should go for Martina instead

    Martina

    1) duty of care exist again because of foreseeability- if she drives negligently, she will hurt someone

    2) standard of care is a reasonable driver, whether she breached it depends on whether she speeded at that time or other circumstnaces indicating that she drived carelessly

    3) injury is done

    thin skull rule- you should take the victim as you find him- does not matter plantiff has pre existing back condition, can recover compensation of all injuries

    Source(s): myself
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