Hello. I am having thoughts and they are not clear right now so i can use your guidance. I'm trying to discuss the three elements for a careless person to be held liable in the tort of negligence. And if this following individuals would be held liable in the tort of negligence -> 1) Mr carnell was employed by a tower crane company. He was doing his incompetent best when he carelessly dropped a pallet of bricks on Arnold who was squashed and died.
2) A lecturer owned a fast car which he kept insured. He was not regarded as a good driver. He crashed the car and crushed Margret [Arnold's Sister] who promptly died. The police report stated that the lecturer had driven carefully, and identified that the car had been carelessly maintained. The report stated it was the poor maintenance that had resulted in the wheel dropping off that caused the accident
3) Robert is a trainee doctor and turned away Sarah [ another of Arnold's Sisters] at the accident and emergency clinic. Robert decided Sarah was drunk and told her to go away and sleep it off, without examining her. The next day, Sarah did not get out of bed because she was dead. It turned out she had been poisoned and it was established if a competent doctor had examined her when Robert had turned her away, the poisoning would have been discovered. However, it is debatable whether prompt treatment would have saved her life at the time because the poisoning was so advanced.
Please help.
Julius
(1) The tower crane company is primarily liable for the tort as an employer. Arnold is secondarily liable
(2) The lecturer is still liable for negligence resulting to homicide notwithstanding the fact the driver drove very carefully as per the police report.
(3) As a trainee doctor, is Robert a regularly licensed doctor authorized to practise? If so, Robert can be held liable possibly for violation of the code of ethics for medical practicioners or even medical malpractice which would mean revocation of his medical license. The clinic or hospital could possibly be sued as a co-principal
Orignal From: Q&A: Tort Law and Tort of Negligence HELP!!!?
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