The assessment for this assignment will be based on your ability to define and explain the principles in English Law and their application to a specific situations.

Your discussion and presentation should be concise, thoughtful and supported by relevant

Case Law..

UNIT 8: LAW OF TORTS-NEGLIGENCE

Sydneyisaprofessionalboxer.Duringonefight,hereceiveda successionofpunchesfromhisopponentTanzeerandseemedto become confused.Urban, the referee,however did not stop the fight orgive Tanzeerany warning.Atthestart ofthenext round,Tanzeer

landedapunch onSydney'sjawandknockedhimout.Sydney receivedemergencytreatmentfromVictor,adoctorondutyatthe ringside and was then taken by ambulance to hospital.On the way to hospital,hisconditiondeterioratedbutWanda,theparamedicinthe ambulance, decided that it would be advisable to get him to hospital as quickly as possible rather than to carry out an emergency procedure in the ambulance.

At the hospital he was treated by Xain, a consultant but has suffered severe and permanent brain damage.

The medical experts are all now agreed (a) that no fault can be found withthetreatmentprovidedbyVictororXainand(b),that,if Wanda had successfully carried out the difficult emergency procedure, Sydney would probably not have suffered the severe brain damage but would neverhavemadeafullrecoveryandwouldnothavebeenableto

resume his boxing career.

A.REQUIRED

Advise Sydney.(6 marks)

Billy-Bob was a bus driver. He found his job very boring and so, he decided to see if he could do a handbrake turn with his bus at the traffic lights. He checked to see if any passengers were on board but he could see anyone. He went up to the traffic lights and promptly crashed into a passing car. No one in the car was hurt but Billy-Bob was unaware that there was a passenger in the back of the bus. The passenger was seriously hurt but was only discovered by a member of the public when the bus made a scheduled stop.

Meanwhile, at the scene of the accident, a witness was suffering convulsions as a result of observing the bus crashing into a car. This witness later died due entirely to the shock caused by this incident.

Advise the passenger and the next of kin of the witness on their ability to begin an action in negligence against Billy-Bob.

B.REQUIRED

(i)Explain the legal tests for establishing whether or not a duty of care exists in negligence.(6 marks)

(ii)Apply these tests, and advise the passenger and the next of kin of the witness on their ability to begin an action in negligence against Billy-Bob.(8 marks)