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Question: Law Scenario Question - Negligence Tort

Tom works as a labourer on a building site. He is carrying some scaffolding pipes that are around 10ft long from one part of the site to another. During his journey across the site, he enters one of the buildings being renovated. He passes Dave, a plasterer carrying out some plastering to a wall. Dave’s back is to Tom as Tom passes him. Tom turns a corner near to where Dave is working, and in doing so causes the scaffolding pipes to strike Dave. Dave loses his balance and falls out of the window and to the ground 20 feet below.

Because of the fall, Dave sustains two broken legs and injuries to his head and abdomen. He sustains bruising to his back because of the strike by the scaffolding.

While lying on the ground, Dave is approached by several other site workers, one of whom is Ian. Ian notices that if he does not move Dave quickly, he might, in a moment, be run over as he is in the direct path of a dumper truck driving his way. The others try to attract the attention of the driver of the truck, but he is not looking where he is going. Ian decides at the last minute that he will drag Dave away. In doing so, he worsens the injuries Dave is suffering from substantially. As it turns out, the attention of the dumper truck driver is attracted just in time and he stops short of where Dave had been lying.

Dave makes a claim against the employers of Tom (for purposes of answering this question it is enough to know that employers are liable for the negligence of their employees when the employee in question is acting in the course of his employment, this concept will be dealt with later in the module) for full damages, including loss of earnings and pain and suffering. All three named workers (Tom, Dave and Ian), as well as the unnamed dumper truck driver, are employed by different employers.

Discuss the issues of duty of care, breach of duty, causation and remoteness of damages which arise out of this scenario.
You should also consider whether Dave should be claiming against anyone other than Tom’s employers, and, if so, whether and to what extent those claim(s) might be successful.

Word limit: 400 words.

Answer: To discuss the duty of care arises out of that scenario, we will use the “CAPARO test” to clarify whether the duty of care will exist or not, the first test is that the duty of care will exist as the reasonable man could foresee that Tom shall expect that his negligence action of miscalculate the required distance for his turn will lead for an injury for Dave, as he is holding this scaffolding at such height1, the second point of the test is Proximity “Proximity is the element which looks at whether Dave was closely affected by the negligent act of Tom2” and Tom should owe a duty of care to Dave. While the third stage of the test which is fair, just and reasonable which our scenario will not attract as it is related to the public policy argument.
In conclusion from the above, the duty of care has been established, afterword the court will discuss the breach of the standard of du...(short extract)

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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1114
  • Date submitted: December 23, 2019
  • Date written: January, 2019
  • References: Yes
  • Document type: Essay*
  • Essay ID: 8776

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