Law Of Torts 2 - Question Problem Type

This rule would operate nonwithstanding the unlawful act of the plaintiff or any other suspectW . Friedman counters that the `last opportunity ism has evolved to be synonymous with `responsibility for the injury itself . The doctrine novus actus internieniens is not promising to permit responsibility to shift from one defendant to some other . Lord Neil maintains that ` .even if the defendant is shown to be careless .

the financial duty allow only ensue if there is a causal link between the carelessness and the damageIn for Ben s estate to establish a claim in offensive shock they allow for put off to demonstrate that he suffered from a recognizable psychiatric compensate as a direct result of what he aphorism in respect of the accident Lord Ackner said that offensive shock necessarily involved a `sudden hold by sight or sound of an horrifying supposition Again the public policy considerations discussed in respect of the cases of Pitt and Aston will provide viable defences against any claims raised by Ben s estateIf Ben had a history of suicidal tendencies and this was known to the police , the duplicity of a duty of care would remain the same . In great deal v head word Constable of West Yorkshire police force (1988 ) 2 ALL ER 238 Lord Keith said of indebtedness in respect of police officers that `in some instances the imposition of liability may lead to the exercise of a liaison universe carried on in a detrimen tally en garde body of mind It is clear fr! om this reasoning that the courts are indisposed to trim a duty of care in cases involving police officers unless remissness relates to the nature of police work . The same reasoning would reserve if Ben had suffered chronic depression and was taking medication for itBibliographyAlcock v Chief Constable of the South Yorkshire...If you want to get a serious essay, order it on our website: OrderCustomPaper.com

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