The Tort Law Imposes Liability

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The essay question concerned with the tort law imposes liability in respect of the negligence. Particularly, Marshall who is a trainee solicitor working at Maclarens &Co, specialising in personal injury claims. He give to each of the clients on the following clients have come to seek representation as they are all being sued for negligence for various incidents in which people were injured. It has been shown that they all owed the injured parties a duty of care, however, they all claim that they did not breach their duty of care to the injured parties and how evidence of negligence is presented.

In the first case, Roberts v Ramsbottom [1980] , the defendant drove his car after he had unknowingly suffered a cerebral haemorrhage and was unfit to drive. He battled with a stationary van and with a parked vehicle. The court held that he had continued to drive after he had suffered a seizure which affected his reactions and was negligent in doing so. Therefore, a person might escape liability if his actions at the relevant time were wholly beyond defendant’s control. As well as it is automatism . The automatism test important from criminal law later disapproved by the Court of Appeal.

Anyway, attorney-general’s reference (NO. 2 of 1992) referring in Roberts v Ramsbottom , the court held that before the defence of automatism could be left to the jury a proper evidential foundation for the defence had to be laid. It is the defence of automatism required a destruction of

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