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Jim is a truck driver. While he was on his way to work, he received a call from the hospital emergency informing him that his
Jim is a truck driver. While he was on his way to work, he received a call from the hospital emergency informing him that his child has fallen and has been admitted to the hospital. Jim was affected by the news and lost control of his truck for few minutes. In the meantime, Sam was walking on the side of the street when he saw the truck of Jim going out of track and thought that the truck was heading straight to him. Sam panicked and threw himself on the other side of the road. Gladly Jim had in the meantime taken control over his truck again and managed to go back to track without any accident. However, Sam had already hurt himself as the fall turned out to be very heavy. He received medical care for 4 weeks and had to pay USD 20,000 as medical fees. Sam would like to sue Jim for reparation for the damages he has encountered because of the fall. Can Sam sue Jim for physical injuries (and the medical fees spent) based on the tort of negligence? Please answer this question by: a) Explaining the conditions of tort of negligence; and b) Applying the conditions of the tort of negligence to Jim and Sam's situation
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