3. Bourhill v Young
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- Опубликовано: 14 янв 2021
- Bourhill v Young [1943] AC 92
The claimant was a pregnant fishwife. She got off a tram and as she reached to get her basket off the tram, the defendant drove his motorcycle past the tram at excessive speed and collided with a car 50 feet away from where the claimant was standing. The defendant was killed by the impact. The claimant heard the collision but did not see it. A short time later, the claimant walked past where the incident occurred. The body had been removed but there was a lot of blood on the road. The claimant went into shock and her baby was stillborn. She brought a negligence claim against the defendant's estate.
Held:
No duty of care was owed by the defendant to the claimant. There was not sufficient proximity between the claimant and the defendant when the incident occurred. Download a full set of note on this topic from our website. thelawbank.co.uk/shop/ols/pro...
What the hell. I think that is messed up the lady trying to get the estate of a dead person when she was the one who went out and saw the blood (no fault to the dead motorcycle person!), unfortunate as it may be.
Thanks for the summary!
Thank you
Who came hre after studying a case study in ACCA law paper 🌝
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