After reviewing the facts , I would advise Jason , Penny and Fancy Fashions , Ltd . of their mathematical attains of action vis-a-vis the parties who may be held liable for indemnity for their slackness , namely , Alice Joyce , the junior doctor , the nurse who administered the anti-tetanus blood serum , and Richard s Teaching HospitalIn particular , I would advise Jason to take ratified action against Alice the learner device driver , for damages sustained by him as a result of the collision with her automobile . My advice is ground upon the fact that Alice is liable for actionable negligence . Traditionally , the elements of a cause of action for negligence are (1 ) a commerce to use liable care (2 ) a failure to line up to the required measurement (3 ) a reasonably close causative connection between the conduct and the resulting brand , commonly called immediate cause or legal cause and (4 actual leaving or damage to the aggrieved party (Prosser 1982 . Alice did non comply with her calling of seeing to it that her act of driving does not result in injury to another . Knowing that she must be in particular careful at a road portion designated for flock crossing she should have slowed down . Her not exercising reasonable care while driving is the proximate cause of the virgule , which resulted in actual damage to JasonI would , however , caution Jason that the labor movement of proving the negligence of Alice would not be easy or guileless . The fact of the accident occurring having been proved , Jason would now have to march that Alice was negligent , and that such negligence is the proximate cause of his injury . To do this , he has to show that Alice fell short of the standard of care required , that is , she failed to do what a reasonable , discreet person would do under the same or akin(predicate) circumstances (Prosser 1982 .
Jason may argue that in determining negligence , the law makes no distinction as to whether or not the defendant is a learner driver or an undergo professional , that what is expected of Alice is that standard of care expected of a reasonable man in to prevent a predictable wrong . A reasonably diligent person ought to be aware that pedestrian crossings are designated passageways for people and that it is a raw material rule among motorists to exercise due care when approaching such crossings . As every learner driver ought to know , whiz of the fundamentals of safe driving is to be always rattling at pedestrian crossings traffic signs are adequate monition to this effect . Thus , a reasonably diligent driver should approach such crossing with caution by retardant down , his foot poised to hit the brake foot lever if necessary . Judicial notice may be taken of the fact that braking is one of the first skills taught a learner driverIn picturesque , Jason would have to satisfy the court (2 ) that the negligence of Alice is the proximate cause of Jason s injury , and (2 ) that there is no contributory negligence on his partProximate cause has been defined...If you want to get a full essay, install it on our website: Orderessay
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