Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove.
To sue Tom for the damage to her car, Mary need prove three important factor:
Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which Mary need to prove the Tom own her a duty of care and directly affected by car damage. Also fair that Tom should pay Mary for her car damage.
Tom breached duty of care: She also need to prove that Tom didnâ€™t meet appropriate standard care while to towing her car, as he was distractive by attractive girls. As his job is to towing the car very carefully while paying attention to each moment cause it might cause car damage and hurt other people.
Mary need to prove that she suffered as direct consequence of the breach: In which Mary need to prove that there is causal connection between the Tom Negligent and Maryâ€™s plaintiff suffered a loss caused by the breach of duty. The loss thus suffered was not too remote from the tortious act of decedent.
Maryâ€™s brother was at the back of car asleep. Because of the accident he breaks a rib and bruises large parts of his body. Can Maryâ€™s Brother sue for the personal injuries? Discuss why or why not.
Maryâ€™s brother canâ€™t sue Tom for the personal injuries because as in New Zealand the corporation ACC will take care of every individual who surfing from any injuries or accident, and who canâ€™t work. Maryâ€™s brother will get help from ACC which will provide finical compensation and entitlements to Maryâ€™s brother who is suffered from personal injuries. And they will give him weekly compensation for lost earnings which also include vehicle modification for seriously injured.
Tom has already told Mary he has no money to pay for any repair. Is there anything else Mary can do to recover her costs/ compensation? What must she prove?
Yes, if Tom donâ€™t have enough to pay for damages then Mary can sue The Speedy towing Ltd for which Tom work. As itâ€™s the employer is responsible for the harm/damage which caused by an employee in the performance of the employeeâ€™s duties. According to the Law the Speedy Towing required to pay Maryâ€™s car damage suffered by Tom from the competitive activity. Section B Contract Law Q1
There is no contract has been made between Bella and Len as it is part of cross- offer between both parties. Because Bella say â€˜OK, Iâ€™ll give you the 3,500 â€˜at same time as Len says â€˜agreed,