The Problem
¬¬¬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 – 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’s 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 me an in-depth answer i would very much appreciate it.
Thanks for your time and answers people!! =D|||Tell Ahmed he is totally at fault, be prepared to pay out whatever the judge awards to the plaintiff/s.
Er..how can he "fail to notice" that he has released the hand break ?
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