留学生赔偿法案相关论文写作参考 [4]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-10-23编辑:zcm84984点击率:10668
论文字数:3454论文编号:org201409161246086954语种:英语 English地区:马来西亚价格:免费论文
关键词:赔偿法案Law EssayCompensation Act侵权法
摘要:本文是一篇留学生赔偿法案相关的论文,主要是关于补偿文化,补偿文化的定义是指一个人因为他们受到了与这个伤害有关,或应该为其负责的人的损害、损失或伤害,他应该得到补偿,这种认知是一个社会完全认可的。
if Amir is liable we can argue that Amir knew that his lack of rest would have an effect on his driving and there isn’t an excuse regarding this as he we was fully aware of his actions therefore the rulings of the case [16] Roberts v Ramsbottom 1980 where it was held that an individual might escape liability if his/her actions at the time were wholly beyond their control in the case of Amir they prove to find Amir negligent and liable.
The important part is to make clear if Amir has breached the statutory duty as the claimant is trying to argue that there was a breach of duty to prove this we have to use this test: [17] (the statutory duty in question gives rise to an action for damages/ that the duty which was owed to the claimant/the duty was broken/ and the damage was caused by the breach of duty. Within the case of [18] Monk v Warbey 1935 [19] it was argued by the courts that there was a breach of statutory duty as it was the driver’s negligence which caused an accident where the claimant was injured. By this we can establish that Amir had breached the statutory duty which he owed a duty to as it resulted in an accident and by complying with the two conditions which can be proven by the claimant that Amir was negligent in his statutory duty towards others whilst driving where he knew he wasn’t fit to drive.
There is another vital test which reinforces a claim and that test is called the Caparo test and was established from the case of [20] Caparo industries plc V Dickman 1990. This test establishes if a duty of care exist for the claimant from the defendant. There are 3 essential parts to the caparo test which are foreseeabilty, proximity, and fair just and reasonable judgement. Foreseeablity judges if the negligent act could be foreseeable in Amir’s case his actions would affect others and the result could be foreseeable. Proximity looks at the relationship status between the claimant and the defendant and if is sufficient enough in Amir’s case we can see that the victims were closely involved. The judgement has to be Fair, just and reasonable towards the defendant this is a vital point to be covered as if this isn’t complete then the claim in tort would fail. By looking at the third factor we can clearly say that Amir is wholly liable for his actions which caused a train to derail.
It can be argued within normal situations, that Amir will be liable for his actions. This situation of Amir involves a motor accident and within this case it can be said that the insurance company would be the defendants on Amir’s behalf, as Amir was insured with them, so therefore the insurance company will have to pay for the compensation towards the victims and of their families. As to Amir driving illegally without insurance, then he will be breaching the Road Traffic Act (1930). As shown in the case of Monk v Warbey (1935), where the driver is uninsured and had caused an accident, although the driver couldn’t be sued as to the facts of him being uninsured. However in implying this to Amir’s case, the claimants will not be able to claim for the damages, if Amir’s was driving without being insured.
Betty was injured by Amir’s negligent actions and Amir is liable for this, Betties injuries weren’t life threatening and they could have been treated in the hospital but due to the incorrect treatment and the medical negligence she had suffered a heart attack and died. It can be disputed that Nur
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