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Essay / Caparo V Dickman Test Analysis - 1102
Anjum Solicitors116 Manchester RoadBury, Greater ManchesterM89GXMM. Patrick Patterson25 Oldham RoadOldhamOL55BADear Patrick Patterson, I am writing to explain to you whether you owed a duty of care to the defendant Tristam Turner. .The Caparo v Dickman test will indicate whether you owe a duty of care. First, your injury was foreseeable because the defendant's negligence would have resulted in an accident making it foreseeable that the events could cause a person to become paralyzed, preventing them from working. There was proximity at that time because you were at the scene of the negligence, there was also proximity in space because you were also close to the defendant at the scene of the negligence. To prove whether you owed a duty of care, it must be fair and reasonable to impose a duty of care. The defendant is not part of the public service, so the floodgates of litigation cannot be opened. The defendant was just an ordinary negligent person. Therefore, all 3 steps have been proven and you are therefore entitled to a duty of care. Now that a duty of care was owed, we must prove whether the defendant breached his duty. The defendant will be compared to a reasonable man who is expected to drive reasonably and competently. The defendant is expected to meet the same standard of care as a reasonable driver. A reasonable driver in the defendant's position would not have exceeded the speed limit in the area nor would he have been on the phone, as some eyewitnesses pointed out. The individual characteristics of the defendant are not taken into account. However, as the defendant was a learner who had just passed his examination, it makes no difference whether the defendant was a learner o...... middle of paper ......d rather than spending all the money at once that would have been kept for a long time. There are 2 different damages, general and special. I advise you to seek general damages as you are entitled to them as the injury you sustain is a lifelong injury that requires medical treatment. This is priceless because no one knows the price you will have to pay for the treatment. Now that you are unfortunately unable to walk, you are limited in many things, including the inability to walk, for which you should be compensated. Therefore, I believe you should claim the pain and suffering as well as the loss of the licensing categories because the money will allow you to support your family and the pain and suffering caused by the medical treatment . . #Sincerely, Anjum lawyers.