Case Study : Negligence, Duty Of Care And Breach Of Duty Essay

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PREFACE In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast. NEGLIGENCE, DUTY OF CARE AND BREACH OF DUTY It can be concluded that Mr. Prendergast was acting negligently whilst driving his car, above the national speed limit, as confirmed by his insurers. Therefore Contributory Negligence is the basic issue to be consulted with the insurers who are claiming that Steven’s claim ought to be ‘substantially reduced’ due to the negligence on his behalf. CONTRIBUTORY NEGLIGENCE It is apparent that Steven was not paying enough attention when crossing the road on the night of the accident. Thus, Steven was, to a degree, also negligent as he did not adequately check that the road was clear. When deciding the degree of contributory negligence the courts must look at what reduction of damages pay-out is "just and equitable having regard 's to the claimant 's share in the responsibility for the damage". In order to reach a percentage of blameworthiness for each side, a broad comparison must be made of both the individual contributions from the pursuer and the defender, looking at both the causation of damage and the blameworthiness. It must be noted that cars are dangerous vehicles which can cause fatal damage. Individuals responsible for a vehicle are expected to be more alert than pedestrians walking down the street or crossing the road, this is known as “destructive disparity”. This

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