This question relates to the tort of Negligence.

Assume that a Claimant can prove duty of care and breach of duty.

Explain why that Claimant may still fail to bring a successful claim in the tort of Negligence.

Discuss whether this meets the aim of corrective justice.

Support your answer with case law.

This is the scenario below:

Extract from a witness statement by Rania

I wish toclaim damages against George for injuring me in a car accidentwhich was all his fault. I was driving home along a country lane. Suddenly a van driven by George came around a bend in the road and crashed into me. He was on thewrong side of the road and he was definitely driving too fast.

I sustained multiple serious injuries in the accident. I spent two months in hospital. The accident has had a huge impact on my life. My doctorsays I can never return to work. I also cannot play hockey again which I used to play every week. I probably should mention that I wasnot wearing my seatbelt at the time of the accident.

Extract from a witness statement by George

Recently I was involved in a road traffic accident. I was makingdeliveries for my employer in their van when I collided with a car driven by Rania.I just lost control of the van and ended up taking a bend on the wrong side of the road. Howeverin my opinion Rania was driving too fast.

I was injured in the accident. I sustained awhiplash injury and was taken to hospital. Whilst I was at the hospital I was involved in an incident with Usman who is the boyfriend of Rania. Heapproached me shouting about the fact I had injured Rania. He was clearly very angry and I was scared so I punched him.

Extract from a witness statement by Liam

I wish toclaim damages for injuries I suffered. I fell into aditch in a field owned by the local farmer. She uses it for growing crops. I was taking ashort cut across the field. I know Idid not have permission to be therebut it saves a lot of time and the farmer knows people frequently take this short cut. Suddenly I heard thesound of a road traffic accident. I rushed across to take a look. I'm quite a good photographer and I thought that if I took a good photo I could sell it to the local newspaper and make some money. Unfortunately as I raced towards the roadI did not notice that the farmer had dug a new drainage ditch. I fell into the ditch. I broke my leg and damaged my camera. I wish to claim damages for this against the farmer.