Law Case Essay

768 Words4 Pages
Facts: A Case of Cold Pizza Lee Chambers, the Defendant was driving 10 km over the speed limit while making pizza deliveries using the company van. To avoid hitting a dog, he had incidentally skidded sideways on a patch of ice and crashed into another vehicle. Alice White, the plaintiff who was not wearing a seatbelt at the time had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs, and loss of income. Issue: 1) Is the defendant liable? 2) Does the defendant owe the plaintiff a duty of care? 3) Did the defendant breach the duty of care? 4) Is the defendant liable for personal injuries, damages, and loss of income?…show more content…
The next two elements are Causation and damages. These two elements tend to overlap and must be present for “negligence to be valid.” (Yates, Bereznicki-Korol & Clarke, 2011,p.153). To thoroughly explain, the plaintiff must provide legal evidence, on the balance of probability, that they have suffered injury or loss due to the defendant’s careless behaviour or materially contribution. However, “if the defendant is part of the cause of an injury, the defendant may be liable even though his act alone was insufficient to cause the injury.” ( Yates, Bereznicki-Korol & Clarke, 2011,p.154). The courts may also use the “Remoteness test” to determine if “the type of injury was foreseeable.”( Yates, Bereznicki-Korol & Clarke, 2011,p.154). This will address any issues that may have contributed to the extent of injury or loss. This is often known as Contributory negligence if the plaintiff in any way contributed to his or her own injury. According to Chapter 5 lecture notes, “if plaintiff is found to be careless, the judge will distribute the fault between the parties. As a result, damages will be adjusted accordingly.” Equally important, vicarious liability is another notion that must be kept in mind as well. This liability exhibits that “an employer is 100% liable for an employee’s tortuous act during the course of employment.” ( Yates, Bereznicki-Korol & Clarke, 2011,p.349). Argument: In this case, Lee Chambers, the defendant must prove

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