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It is a Tort Qu. How to answer this question? The fact is-(Answered)

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It is a Tort Qu. How to answer this question? The fact is complicated..

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LAWS6023A-D Principles of Tort Term Two 2014/15

 


 

Page 2 of 4

 


 

During the protests, a small group of violent protesters started throwing glass bottles at the police.

 

The police attempted to detain and arrest the protesters who were throwing bottles at them. One

 

policeman was chasing a protester, Eddie, who he reasonably suspected had been throwing bottles.

 

Eddie, followed by the chasing policeman, ran into a road that had not been blocked by the

 

protesters. Just as the policeman was about to catch Eddie, a bus stopped at the side of the road and a

 

passenger, Fay, stepped off the bus in front of the running policeman, who knocked Fay over. In

 


 

As a result of traffic congestion caused by the protesters, Dina did not get to the hospital until four

 

hours after Ben had been hit by Casey?s car. At the hospital, Dina saw Ben unconscious in bed, in

 

hospital clothing, and connected to life support equipment.

 


 

Dina, Ben?s girlfriend, to whom he was engaged to be married in March 2015, was contacted shortly

 

after Ben was hit by Casey?s car. As she too was at the protest, she made her way to the intersection

 

where Ben had been injured. Since the streets were blocked by protesters and police, it took Dina

 

seventy minutes to get to the intersection where Ben had been injured. When Dina got to the scene

 

of the accident, Ben had already been taken to the hospital by the ambulance but she saw a pool of

 

Ben?s blood on the road. Dina fainted at the sight of Ben?s blood but was revived and taken by her

 

friends to the hospital to see Ben.

 


 

Ben had his back to Casey?s approaching car and, consequently, did not see it approaching. Casey?s

 

car hit Ben, injuring his legs. Immediately following the injury to Ben, an ambulance was called.

 

The ambulance was unable to get to Ben until sixty minutes after he was hit by Casey?s car because

 

all the roads in the vicinity were blocked by protesters, who had to be persuaded to let the ambulance

 

go through.

 


 

Albert looked up and saw Casey?s car approaching him at high speed. Albert just managed to roll out

 

of the way of Casey?s car, which narrowly missed hitting him.

 


 

Whilst Albert and Ben were sitting on the road, a car driven by Casey approached the intersection

 

where they were sitting. Casey was busy talking on his mobile phone to his stockbroker because he

 

was very concerned that the stock market would drop as a result of the protests. Casey was so busy

 

talking on his mobile phone that he did not notice Albert, Ben, and the other protesters sitting in the

 

middle of the road.

 


 

Albert and Ben, as part of the protest, joined a group of protesters who sat in a road intersection

 

blocking traffic. They were told by the police to get off the road but they refused to move. The

 

police took no steps to remove Albert, Ben, or their fellow protesters.

 


 

In early January 2015, a large protest was held in the Admiralty District of Hong Kong to voice

 

concerns about the high cost of housing in Hong Kong. The protest was organised by a group called

 

Housing Hong Kong (HHK) through the use of social media. People were called to sit in and block

 

the roads near the Legislative Council building. The protest was not approved by the Commissioner

 

of Police. Several thousand people participated in this protest. It lasted for three weeks, during which

 

time the main roads in the Admiralty District were blocked and a number of incidents occurred.

 


 

This question must be answered.

 


 

Part A (70 marks)

 


 

LAWS6023A-D Principles of Tort Term Two 2014/15

 


 

Page 3 of 4

 


 

Advise all parties suffering losses on their claims in tort. Discuss all relevant causes of action

 

together with the relevant legal principles and cases in your answer.

 


 

g. Jake lost the sight in one of his eyes as a result of being hit by Ivan.

 


 

f. Henry is suffering from minor head injuries. Henry is a full-time university student who

 

worked for Gary on an hourly basis if Gary needed extra help in his shop. On the day that

 

Henry was injured, Gary had asked him to work as the shop was extremely busy with the

 

protesters buying food and drinks.

 


 

e. Fay is suffering from serious head injuries that may result in a personality change.

 


 

d. As a result of seeing the pool of Ben?s blood on the road and the condition of Ben in the

 

hospital, Dina is suffering from organic depression.

 


 

c. Casey has been convicted of dangerous driving.

 


 

b. When Ben arrived at the hospital, despite the best efforts of the doctors, his legs had to be

 

amputated. If Ben had arrived at the hospital within thirty minutes of the accident, which

 

would have been the case if the roads were not blocked by protesters, Ben?s leg injuries

 

would not have resulted in amputation.

 


 

a. As a result of almost being hit by Casey?s car, Albert is suffering from post-traumatic stress

 

disorder (PTSD).

 


 

Following these events, an independent investigation by the police and hospitals to which the

 

accident victims were taken has established the following facts:

 


 

Jackie owns a flower shop on a street that was blocked by the protesters. As a result of the protest

 

and the actions of the police to deal with the violent protesters, few people came to Jackie?s shop.

 

Although her shop was not damaged, Jackie suffered a 90 per cent drop in sales during the three

 

weeks of the protest.

 


 

The protesters continued to confront the police and a small number of them continued to throw

 

bottles. Henry, who was working in Gary?s shop, was hit on the head by a bottle thrown by a

 

protester at a policeman, which missed and came through the open shop door. When Henry was hit,

 

Ivan, a fellow employee, ran out of the shop to see who had thrown the bottle that hit Henry. Ivan

 

saw a protester, Jake, in the street throwing bottles and, thinking that Jake had thrown the bottle

 

which hit Henry, Ivan ran up to Jake and punched him in the face.

 


 

Gary owns a shop selling food and drinks on one of the roads that the protesters had blocked. The

 

police advised Gary to close his shop and to roll down the steel shutters over his shop door and

 

windows as they feared the protest might get more violent, following the bottle throwing. Since

 

many of the protesters were buying food and drinks in his shop, Gary did not wish to miss the

 

chance to profit from the protest, so he ignored the police advice. However, Gary did tell his

 

employees that, under no circumstances, were they to go outside the shop.

 


 

falling over, Fay suffered injuries to her head and was taken to hospital. Eddie managed to run away

 

and was not caught by the police.

 


 

 

Paper#9210104 | Written in 27-Jul-2016

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