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Words: | Submitted: Mon Jun 19 2006
... admits a breach of that duty and this can be shown in the problem where Harry "accepts responsibility for the accident". With regard to Ingrid, she is a driver on the road and thereby owes a duty of care to others whilst driving. There is a breach of this duty as expressed in the problem where Gerry is hit by a "car carelessly driven by Ingrid". Since both a duty and a breach can be established for both defendants the next issue to be looked at is with relation to causation. It is perhaps best to examine each defendant separately in relation to their liability towards Gerry since both events occurred independently of each other. Firstly, Gerry's rights need to be discussed in relation to his employer, Harry. This starts as a typical situation of an industrial injury case whereby the employer is under a duty to care for the ...
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