The Problem
卢卢卢Gloria is an antiques trader who has made a great deal of money from buying items at car boot sales.
Gloria was asked by Maria, one of her regular clients who exports antiques to South America, to keep a look out for a grandfather clock. Because Gloria had heard that there were likely to be some bargains to be found in the Yorkshire Dales, she persuaded her friend Ahmed to drive her to a sale which was being held in Appletreewick.
When they arrived at the sale-ground, Ahmed parked his car on a slight incline. The handbrake was properly applied. Almost immediately, Gloria found a suitable clock and Ahmed took it back to the car while Gloria telephoned Maria, who was very excited as she already had a buyer lined up.
As Ahmed placed the clock in the car, he failed to notice that he had released the handbrake. Shortly afterwards, when Ahmed was not nearby, the car started to roll backwards down the incline. As it did so, it struck Jack, aged five, who was visiting the sale with his father James and his cousin Trudy. Miraculously, Jack suffered very little physical injury as the car passed over him, although he was shaken at first. James and Trudy witnessed the incident 鈥?which was over too quickly for them to intervene effectively - from a distance of a few of metres.
The car eventually came to rest when it struck a tree. The clock was destroyed.
Jack鈥檚 mother Delia arrived in her car, as previously arranged, to collect the family. At this point, Jack had calmed down and James and Trudy seemed in control of themselves.
When Delia was told the details of the incident and saw the crash site she went into shock. Subsequently, she developed severe depression. Trudy now has PTSD and James complains of mood swings.
Gloria was unable to sell the destroyed clock to Maria. Maria, who was very disappointed, has said that she will not do business with Gloria again.
Ahmed is now being threatened with claims in negligence from Gloria, Delia, Trudy and James. James is also threatening to bring a claim on behalf of Jack.
Advise Ahmed.
If anyone fancies giving an in-depth answer, it would be very much appreciated! =D
Thanks in advance for your answers people =D|||Gloria: Presumably she wants to recover for the loss of the clock. Ahmed could potentially argue that he was Gloria's agent on this trip - and, in the capacity of her agent, is not responsible to her for her loss. At worst, Ahmed MIGHT be responsible for the purchase price of the clock. Gloria, who would undoubtedly argue that she should be compensated for the loss of business associated with losing Maria as a client, should not be successful. In point of fact, I would inform Gloria that she could be equally responsible for the entire collision and ALL claims resulting out of the collision if I could prove that Ahmed was acting as her agent on that day and I would tell her that if she filed a claim against Ahmed, Ahmed would counter-claim and would cross-claim against her if anyone else filed suit against him.
Delia: Her reaction and "injury" is not one that is reasonably foreseeable and it is not a reaction that a reasonable person would experience. Ahmed did not violate or breach any duty of care to Delia in any way shape or form. She cannot be injured "second hand." If that was the case, then civil claims would multiple ten fold. Every close family member of every person who is injured could sue. This is ridiculous. She has no legitimate cause of action.
James and Trudy: Their reaction and "injury" is not reasonably foreseeable and is not a reaction that a reasonable person would experience. Ahmed did not violate or breach any duty of care to James and/or Trudy in any way shape or form. It is simply not reasonable for them to claim that witnessing an accident - in which the victim did not even sustain anything resembling a serious injury and was over within the blink of an eye - could result in emotional distress.
Jack: Jack is the only real victim. His parents would be entitled to any out-of-pocket expenses associated with his injuries. In America, it would be standard to triple the amount of the medical bills (not just the out-of-pocket expenses - the ACTUAL bills) to determine how much pain and suffering should be.|||it is very simple. The ONLY person at fault was Ahmed. All the other information about the clock doesn't matter.
Ahmed should allow his insurance company handle all claims. It was an auto accident, with Ahmed at fault.|||I am sorry, but we don't do homework here on Yahoo Answers - it is sort of an unspoken rule.
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