CASE 1
Learner is learning to drive. One day, he goes out driving in his car without having a qualified
driver sitting beside him in the car. While Learner is driving along, and driving perfectly
carefully, Child suddenly runs out into the middle of the road without looking to see if there is
any oncoming traffic and is hit by Learner’s car. The accident happened so suddenly that there
was nothing Learner – or any other driver, however careful and experienced – could have done
to avoid it. Child is injured as a result of the accident and wants to sue Learner in negligence for
compensation for her injuries.
Advise Child if he could do so.
Cue: Take a look at The Empire Jamaica case
CASE 2
1. Footballer scores a last-minute winner in an important World Cup game. Gambler had a bet
that the game would end in a draw, and is so angered at losing his bet that later on that
evening, he gets into a fight in a pub, and ends up stabbing Drinker. Applying the “but for” rule,
one said that Footballer’s scoring a last-minute goal caused Drinker to be stabbed since Drinker
would not have been stabbed but for Footballer’s last-minute winner.
Is this statement correct based on the theory of tort law?
2. Happy puts on a new dress to go to a party. At that party, Drunk carelessly spills wine over
the dress, and it is permanently stained. Applying the “but for” rule, one said that that Happy’s
wearing her new dress to the party caused the dress to end up with a wine stain on it because
that damage of the dress would not have happened but for Happy’s wearing the dress to the
party.
Is this statement correct based on the theory of tort law?
Cue: Take a look at the principle of “novus actus interveniens” and “material increase in the
risk”.
CASE 3
Jessica and her daughter Belinda spent holydays in a High Heaven, a big resort that has
amusement park with lots of entertainment games. Belinda chose to ride on a big wheel.
Due to the poor maintenance by High Heaven, her cabin and some other cabins had
disconnected from the wheel and felt to the ground, causing her and many other kids seriously
injured.
Matthew, the big wheel operator, also got nervous shock.
Tom, a guy sitting on one of the cabin, did not suffer any physical injury, so he tried to rescue
the injured kids and after that, he also suffered nervous shock.
Even though at the time of accident, Jessica was away from the site, but she also got nervously
shocked when she saw her injured daughter in the hospital.
Later, Jessica, Belinda, Matthew and Tom sued High Heaven for damages. Based on theory of
tort of negligence and nervous shock and relevant case law, discuss situation of Jessica, Belinda,
Matthew and Tom and the possible outcome of the case for each of them.
