Please complete a response to the question below. Your answers should not exceed 1200 words, inclusive of footnotes.
Three weeks ago, Buffy is driving to her home in Sunnydale. As she approaches a narrow bridge, Buffy firmly applies the breaks, but her car goes into a skid and collides with a tree. Buffy breaks her left leg and also sustains minor whiplash. Coming in the opposite direction is PC Angel, who is driving a police van transporting Spike to Sunnydale Hospital, where he has agreed to be voluntarily admitted for overnight observation. PC Angel pulls over to see if he can assist Buffy. Meanwhile, Spike, who had not been restrained, is able to climb through an open window separating the prisoner seating area from the driving area and escape.
Earlier that evening Spike and his girlfriend, Drew, were involved in a loud argument. Concerned neighbours called the police and PC Angel arrived ten minutes later. When he entered the home, Spike screamed that ‘I just want this all to end! I can’t keep going on this!’ PC Angel had on numerous occasions been called out to Spike and Drew’s home for domestic disturbances, but the couple had only ever been cautioned. Drew’s mother, Willow, who was aware of their troubled situation, spoke nightly with her daughter to check that things were ok; however, on this occasion, she was unable to reach her. Fearing for Drew’s safety, she places a 999 call to the Sunnydale police where she is told by Xander that ‘she shouldn’t worry. The police are on their way and it’s best to leave things with them and wait to hear back.’ Xander does not inform Willow that neighbours had already called the police some fifteen minutes prior.
After successfully escaping from the van, Spike immediately returns home where he kills Drew and himself. Buffy later hears about what happened to Drew and Spike on the news and believes that if there had only been proper signage approaching the bridge telling her to slow down, none of this would have happened. Sunndydale Council was aware of a few accidents having occurred in the same place as Buffy’s and had a week before the accident added loose gravel to the road to encourage drivers to slow down.
Advise all parties as to their rights and liabilities in Tort.
*Note: you are only expected to discuss the issues up to and including the duty of care. If you wish to explore breach in a preliminary way, you may, but are advised to not to devote too much of your time here. You will not be marked down if you conclude your discussion at the duty stage.
please use OSCOLA guidelines (similar to the last paper), and only cases in the UK.
lecture notes and readings are provided
examples of how to work through problem questions are provided as well.
Some cases that may be of use:
Nettleship v Weston [1971] 3 WLR 370
Roberts v Ramsbottom [1980] 1 WLR 823
Mansfield v Weetabix [1998] 1 WLR 1263
McFarlane v Tayside Health Board [2000] 2 AC 59
Rees v Darlington Memorial Hospital NHS Trust [2004] 1 AC 309
Rothwell v Chemical Engineering [2007] UKHL 39 (only Lord Hoffmann’s
judgment ¶ 1 -22)
Caparo v Dickman [1990] 2 AC 605
Capital & Counties Plc v Hampshire CC [1997] 2 All ER 856
Kent v Griffiths [2002] 2 All ER 474
Michael v Chief Constable of South Wales Police [2015] 2 AC 1732
Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4
Darnley v Croydon Health Services NHS Trust [2018] UKSC 50
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