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An introduction to an essay on car maintenance
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Darius who recently passed his driving test has asked his close friend Selina, to find a good car and to be specific he did not want a crash repair car. Selina was not a mechanic however she had some familiarity of selling and buying used cars. Selina spotted that Jim was selling a second hand or a used VW Golf car for £5,000 even though the bonnet seemed to be straightened and crumpled and she believed that Jim would not cheat her. She begged Darius to buy the car and guaranteed Darius that the car was not a crash-repair car and was in a decent state. Two months after Darius bought the car that was recommended by Selina, he discovered that the car had formerly been written off then poorly repaired and was worth nothing. In a relevant case of Chaudhry v Prabhakar (1989), the Court of Appeal apprehended that the duty of care would surface on the person accused in a court of law, which are the friend of plaintiff that offered a negligent advice to the plaintiff to purchase a used car that was damaged and worthless. The defendant will be responsible although the defendant was not an expert in repairing cars or a mechanic. The following cases such as Donoghue v Stevenson (1932) and Anns and Others v Merton …show more content…
She fell sick and she sued the bottle manufacturer, Mr Stevenson. The House of Lords held that Stevenson owed her a duty of care to her that was breached and also it was reasonably foreseeable that failure to guarantee the products would lead to harm of customers. Similarly to Anns and Others v Merton London Borough Council HL (1978), the plaintiff purchased her apartment only to discover later that the foundations were faulty. The local authority had overseen the fulfillment with Building Regulations whilst it was being built however, failed to notice the
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
Lord Wilberforce, the judges who presided over the Anns v. Merton case used a two-step test in determining the scope of proximity between the homeowner and the municipality. The first part of the test determined whether the relationship between the two parties was sufficient enough so that failure to exercise a duty of care by one of the parties would result in damages sustained by the other. The second step, pursuant upon the first step looks at any aspects that would limit the obligations placed on the party to exercise a duty of care. This test and the Anns v. Merton case set a strong precedent that was used in the Kamloops v. Nielson case, the first of its kind in Canada.
The appellant, Jesse Mamo, was a passenger in a vehicle driven by the respondent, Steven Surace. Whilst the respondent looked down to adjust the radio, a cow wandered on to the road, colliding with the vehicle . The appellant alleged that the respondent failed to use high beam or maintain a proper lookout. The respondent denied liability and pleaded contributory negligence. At trial, the Judge held that breach of duty of care had not transpired, as it was an unforeseeable risk causing an unavoidable accident, as the cow appeared too close to react. The Judge argued that the respondent acted appropriately toward ‘foreseeable risks”, which the cow was not part of.
Nurse finders later assigned Drummond to work at a Kaiser facility as a medical assistant. The Plaintiff Sara Montegue was a medical assistant at Kaiser. Drummond and Montague had a disagreement, Montague didn’t think it was much of a big argument to report it. Both Drummond and Montague had a discussion about misplaced lab slips where Drummond raised her voice. A few weeks after the discussion, Montague left her water bottle at work. Montague later drank from her water bottle and her tongue and throat started to burn and she vomited. Drummond admitted that she had poured carbolic acid found in a Kaiser examination room into Montague’s water
Contemporary literature is the sharing of timeless truths that still hold relevance in our current society in a current manner. There is a saying “What has been will be again, what has been done will be done again; there is nothing new under the Sun.” (Ecclesiastes 1:9, n.d.). What the saying means is that anything we experience now has already been experienced and to believe that you have a fresh new idea, way of thinking, activity or anything than you are mistaken. Everything that can be thought of already has been. The story that I read during this session that reminds of this and has helped shape my view on contemporary literature is “Car Crash While Hitchhiking”, it was written by Denis Johnson. I’m going to explain how this story in
To succeed in a negligence action, you must prove each of the following. The first element, did George owe the plaintiff a legal duty of care? Legal duty of care paradigm includes that a person acts towards others with attention, prudence, and caution. George owed a duty of care to people by leaving his car in park.
Imagine you’re driving down the road in your brand new car. Another driver pulls out from a side road and suddenly the whole side of your brand new car is twisted and dented from fender to fender. Most people will be in an automobile accident at some point in their lives and they will require the services of an auto-body repairman. Auto body repair is not only the art of taking damaged vehicles and making them drivable and safe, it is also taking old vehicles or worn out looking vehicles and painting and freshening up their overall appearance.
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...
Stevenson case was a civil one under the Scotland jurisdiction because it was a wrong committed by one person (Stevenson) that led to the ‘shock’ and ‘illness – gastroenteritis’ of another (Mrs. Donoghue). Therefore, under tort laws, there was reason for Mrs. Donoghue to sue Mr. Stevenson who was the manufacturer of the Ginger Beer. Moreover, the defendant was also seeking monetary compensation for the damages done and not a jail sentence or a
To begin a claim in professional negligence, you must begin with establishing that there is a professional duty of care owed towards the plaintiff. The most significant case in relation to professional negligence is Hedley Byrne v Heller & Partners Ltd [1964] AC 465. This is because for the first time, it established that a third party relying upon a statement made the him/her may be owed a duty of care by the maker of that statement. The outcome from the Hedley Byrne v Heller Partners (1964) established that a duty of care would be owed (in relation to statements) where there is a ‘special relationship’ between the giver and recipient of the advice or statement. Despite this, a definition for a ‘special relationship’ was not fully defined, however it tends to go by meeting these three requirements; a reliance by the claimant of the defendant’s special skill and judgement; knowledge, or reasonable expectation of knowledge on the part of the defendant, that the claimant was relying on the statement; and that it is reasonable in the ...
What occurred in this case was that in a new build factory there had been inoperative flooring set and the claimants in this case lost money due to the flooring having to be reset again. In this case the claimants were in contract with the builders who laid the floor but decided not to sue them but to sue the sub contractors for their negligence because they were present when the builders and claimants were at meetings when discussing the flooring. Similarly, to the case Anns v Merton London Borough Council [1978] the court allowed the claimants to sue the defendants for their financial
The Act allows negligence as the sole ground unlike common law which required the claimant to establish ‘fraud’ even if negligence existed. It is believed that the ‘d...
Disappointment, disbelief and fear filled my mind as I lye on my side, sandwiched between the cold, soft dirt and the hot, slick metal of the car. The weight of the car pressed down on the lower half of my body with monster force. It did not hurt, my body was numb. All I could feel was the car hood's mass stamping my body father and farther into the ground. My lungs felt pinched shut and air would neither enter nor escape them. My mind was buzzing. What had just happened? In the distance, on that cursed road, I saw cars driving by completely unaware of what happened, how I felt. I tried to yell but my voice was unheard. All I could do was wait. Wait for someone to help me or wait to die.
There are times when you find yourself in a fix, with the car suddenly dying on you, while on the way to work. To your dismay, you realized that it’s out of warranty, but you still need to have it fixed immediately, as it is your only means of transport. You did the next best thing, and have it towed towards the nearest repair shop to get an estimate of repair. The mechanic calls later, to give you a litany of parts that needs to be replaced and repaired. The list seemed endless, and you get shock by the amount involved that you have to shell out. You then wonder if the mechanic is just trying to swipe a few bucks from you, since you don’t understand anything about cars.
A practical example of this is demonstrated in the case of R v Lowe. Whereby the parents failed to call the doctor. when their child fell ill. The special relationship between the child and the father made the father criminally liable where he failed to act. under his duty of care.