TOPIC; CASE ANALYSIS

1.Les is a getting a lift to work from his friend Steve. Steve negligently crashes the car and Les is seriously

injured. The results of the crash are as follows:

I) One of Les' arms has to be amputated and he has lost an eye. As a result of this, he can no longer go

fishing. The injury that caused him to lose the use of the eye also caused severe scarring on Les'

face. This results in Les' wife leaving him.

II) As a result of the accident, Les is unable to work for two years. His annual wage amounted to

35,000, but he believed that he would have been promoted in that time.

III) As a result of the accident, Les will require medical care for the next ten years. This medical

treatment can be extremely painful. The cost of this treatment is estimated at 6,000 per year.

IV) At the time of the accident, Les was holding his laptop. The accident caused the laptop to become

damaged beyond repair. At the time of the accident, the laptop could be purchased for 1,500, but,

at the date of the trial, the same model laptop could be purchased for 700.

2.Discuss the imposition of liability and the availability of any defences in the following situations:

I) Gabrielle, a five year-old girl, is riding the new bicycle she received for her birthday. She is being

supervised by her father, but she is not wearing a helmet. Lawrence, a drunk-driver, sees Gabrielle

on the road, but is slow to administer the brakes. The car, whilst moving at around 5 mph, collides

with Gabrielle. Unknown to Lawrence, Gabrielle suffers from Osteogenesis Imperfecta, a rare

medical condition that causes her bones to be extremely brittle. As a result, the injuries she suffers

are much more serious than would normally be the case for a collision at so low a speed. Had she

been wearing a helmet, she would still have sustained the same level of injury.

II) Hannah has spent an evening with friends at the Student Union bar. She has been drinking and,

although she is not drunk, she could be described as 'merry.' Not wishing to walk home in the rain,

she accepts a lift with Hywel, whom she knows has drunk a considerable amount of alcohol. Hannah

does not put on her seat belt. Whilst driving home, the car collides with another vehicle and

Hannah is rendered paralyzed. Would your answer differ if Hannah was extremely drunk?

III) Matthew was the getaway driver for an armed robbery. Whilst driving away from the bank,

Matthew's car is involved in an accident with another vehicle, being driven by Amy. Although

Matthew was driving quickly, the accident was the result of Amy's negligent driving. Matthew and

his fellow criminals sustain severe injuries.