LAW OF TORTS
QUESTION ONE
Jason, a 70-year-old with heart problems, was driving alone in his 2020 All Aggro on August 13th, 2021.
His seat belt was fastened when suddenly the accelerator pedal jammed and the car surged forward. Jason stamped hard on the brake pedal but the vehicle kept speeding up, skidding wildly as Jason tried to bring it under control. Finally the car flipped over, rolled twice, and came to rest in the car park of the Dog’s Dinner – a local restaurant.
The side airbags had inflated but, other than a broken arm, Jason was able to walk away from the wreck of his car. However, Jason’s troubles had only just begun. After he arrived by ambulance at Worchester Hospital, Dr. Davies was setting his broken elbow when Jason went into a cardiac arrest. Fortunately his condition was stabilized and a pacemaker was implanted in his chest to avoid future cardiac episodes.
Unfortunately, a wire component connecting the pacemaker to the heart failed on November 1st, 2021. Jason suffered another heart attack on November 2nd, but he survived and is making a slow recovery at home.
Jason’s wife Kay has recently read in the newspapers of the manufacturer’s recall, on August 27th 2021, of 3,000 vehicles – including the 2020 All Aggro, due to frequent reports of accelerator pedals becoming jammed.
Kay has consulted the law firm at which you are employed and you have been asked to advise her on the possible claims that her husband Jason might have and any defenses that any potential defendants may have and which might need to be addressed.
QUESTION TWO
Sid works as a driver for Ted’s Dental Supplies. His contract states that:
He is self-employed
He has to pay his own tax and national insurance
He has to supply his own van, which must have ‘’Ted’s Dental Supplies’’ painted on the sides
Ted’s Dental Supplies will maintain and service the van
He can only work for Ted’s Dental Supplies and has to work when he is told to do so
He can choose when to take his holidays and can delegate work to someone else if he wishes to do so, subject to the approval of Ted’s Dental Supplies.
On 31st December 2021, Sid was delivering some boxes of dental equipment to various addresses in Worchester. It was late in the afternoon, and he still had two deliveries to make but Sid was keen to get home in order to go out that evening to a party. He therefore used a short-cut, which involved driving down a short length of road restricted for use by buses and taxis only.
Halfway along the road Sid, who was driving too fast, lost control of the van and collided with a bus coming the opposite way. The bus driver was injured as a result. Sid, who was not wearing a seatbelt, was thrown forward into the windscreen, which shattered. He suffered serious facial injuries as a result.
Advise the parties as to any claims and liabilities they might have.
