Question
Mr Chin ran down Mrs Moss at a pedestrian crosswalk. Because she suffered severe brain damage, her interests were represented by the Public Trustee. The
Mr Chin ran down Mrs Moss at a pedestrian crosswalk. Because she suffered severe brain damage, her interests were represented by the Public Trustee. The Public Trustee sued Mr Chin in the tort of negligence and claimed, amongst other things, compensatory damages for the cost of Mrs Moss's future medical expenses. Over time, as negotiations between the parties progressed, Mrs Moss's physical condition deteriorated, and she eventually died. The Public Trustee, however, chose not to reveal that fact to Mr Chin. Based on his belief that Mrs Moss would require ongoing medical treatment, Mr Chin eventually settled the case out of court for more than $300 000. He has now discovered the truth. He therefore demands payment. The Public Trustee, on the other hand, points to the settlement contract that it had persuaded Mr Chin to sign. It insists that the money was given in exchange for good consideration. Which party is correct?
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