Sherlock was involved in a car accident after accepting a lift home from work with Watson, a colleague. Watson had complained of blurred vision a few minutes before crashing into an embankment on the A526 near Bakers Road. Watson was knocked unconscious, but suffered only minor injuries. After the accident, Watson underwent hospital tests which suggested that his blurred
vision was the result of experiencing a minor stroke whilst driving.
Sherlock sustained serious physical injuries in the crash. His physical injuries were exacerbated by the fact that, despite Sherlock making a 999 call from his mobile phone at 23.05hrs before passing out, the ambulance did not arrive until 08.00hrs the next morning. The ambulance service has admitted that it received a call on the night of the accident. It also admitted that its operator misheard the details and had thought that the accident was on the ‘A562 near Baker Street’. After searching that stretch of road for thirty minutes and finding no evidence of a collision, the ambulance crew gave up the search, concluding that the call must have been a hoax.
At 6.30am, Martha was walking her dog past the site of the crash. Martha decided not to call the emergency services as she assumed that they must already be on their way. The following week, a local newspaper published an interview with Martha as the first witness to see the crash. Shortly afterwards, Martha started to receive anonymous death threats on her Facebook page from someone who had read that Martha had seen the overturned car and had done nothing to help. Martha went to the police station to show the threatening messages to the police and to request help. The police took Martha’s details but took no further action. One week after Martha’s visit to the police station, Martha was killed in a vicious knife attack by the woman who is now known to have posted the threatening messages.
On the morning after the crash, Conan was stuck in traffic because of the emergency services cordon on the A562. Conan owns a delivery business and claims that because he was delayed in getting to an important meeting, he lost out on a lucrative business opportunity worth several thousands of pounds. Conan believes that if either the ambulance service had responded when first
called, or the police had cordoned off a smaller area, he would not have lost this opportunity.
Advise Sherlock, Martha’s family and Conan.
Above is the question that needs to be answered, these are the topics we studied so far
NEGLIGENCE: i) Duty of Care and ii) Omissions
NEGLIGENCE: Psychiatric Damage and the Duty of Care
NEGLIGENCE: Economic Loss and the Duty of Care
NEGLIGENCE: Breach of Duty and Causation
OCCUPIERS’ LIABILITY
Nuisance
Vicarious Liability
Defamation
Please use UK case law to prove your arguement here are cases we covered in the topic please use other cases to prove your point
NEGLIGENCE: i) Duty of Care and ii) Omissions
Donoghue v Stevenson [1932] AC 562
Caparo Industries v Dickman [1990] 1 All ER 568
Perl (Exporters) Ltd v Camden London Borough Council [1984] QB 342