LAW 112 PSU Tort Law Police N

Discuss the following questions. You are expected to refer to the general principles of tort law and in particular to the cases you have studied. For each of the two parts of the question you should write about 300 words. It will be difficult to answer the questions properly in fewer words. If you write a lot more than 300 words, then your answer is likely to be repetitive and unfocused. Please understand that in both parts of the question there is no definitive right answer. Both parts raise arguable questions, and you score marks by showing that you understand the issues and can write intelligently and critically about them. Also, do not worry whether your view is the same as mine. There are no marks for agreeing with me and there is no penalty for disagreeing with me. The marks are for writing an answer is which you analyse the problem clearly and with knowledge of the subject.

1. A and B are driving their car along a main road when the brakes fail and A loses control of the car. The car goes off the road and plunges down a steep slope where it crashes. A and B are seriously injured, but might have recovered if they had been found and treated promptly. C, who was driving some way behind them, saw the accident and reported it to the emergency services. The local police sent a car to drive along the relevant section of road, but the driver did not see the damaged car, which was not easily visible without getting out of the police car and looking carefully at the place where it want off the road. It was raining at the time, and the police officer stayed in his car because he did not want to get wet. It was three days later when someone else reported the presence of the crashed car. When the emergency services attended the scene, they found A and B dead from their injuries.

Do the estates of A and B have claims against the Police for negligence?

2. Abdulaziz is a law student. He has applied for a job with a local law firm, who have, as part of the selection process, sent him a set of legal problem questions and asked him to prepare answers to them, which he will then be expected to discuss in his interview. Abdulaziz thinks that it would be a good idea to get some help in preparing these answers, so he asks his friend Yazeed, who is known to be the most brilliant student in his year, for advice. Yazeed, without reading the questions carefully, makes some suggestions as to the answers. and Abdulaziz uses these answers in his interview. Unfortunately, Yazeed’s answers are all hopelessly wrong. Abdulaziz therefore makes a bad impression at interview and does not get the job.

Does Abdulaziz have a claim in tort against Abdul?


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