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Law of tort Due to severe flooding, all trains between Birmingham and Nuneaton are cancelled and passengers are advised to travel by replacement buses. David

Law of tort

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Due to severe flooding, all trains between Birmingham and Nuneaton are cancelled and passengers are advised to travel by replacement buses. David is the bus driver driving the bus from Nuneaton to Birmingham. A number of passengers board the bus which sets off towards Birmingham. Ernest, one of the passengers, sits downstairs next to Ferdinand who he notices is reading the Financial Times newspaper. Ernest starts a conversation with Ferdinand and finds out that Ferdinand is a financial advisor working with a large bank. Ernest, who has always fancied his chances on the stock market, tells Ferdinand that he has some money to invest and asks him what he would recommend. Ferdinand replies that Ernest might consider investing in Danish bacon stocks. Ferdinand is in fact joking [since it was well known at the time that the Danish bacon industry was failing]. Ernest does not understand the joke and invests all his savings of 20,000 in Danish bacon which he subsequently loses when the Danish bacon market crashes. David drives the bus towards Birmingham city centre. He passes under a low bridge forgetting that he is driving a double decker bus. The bus strikes the bridge crushing the top deck. Susie was the only passenger travelling on the top deck and is killed outright. Susie's mother, Janine, hears about the incident a few hours later and identifies her daughter's body. She now suffers from a reactive depression as a result of viewing her daughter's badly damaged body. Advise all parties of their potential rights and liabilities in the tort of negligence

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