Torts

F is overjoyed at the news that she has gained a place at a College of Law and decides to celebrate. She buys a bottle of
champagne in a liquor store which stands by a road. Once back outside
the store, F shakes the bottle vigorously for several minutes. The cork flies out and hits the
windshield of a car which happens to be passing at the time. The glass
shatters and D, the driver, is killed almost instantly as pieces of
glass pierce his head. (It is later discovered at the autopsy that
D had a congenital weakness in his skull which made him peculiarly
vulnerable if struck on the head.)
D’s car veers across the road and onto the sidewalk on the opposite
side from F, where it hits Z, who is killed instantly. The
car carries on into a store owned by G. Luckily no-one inside is
injured, but the store is effectively destroyed.

For the above scenario, explain the legal position of each of the parties involved. The legal position is only from the torts perspective, so civil law only. There are 4 elements to a torts case: duty, breach, causation, and damages. This essay should only consider what duty of care each party owes to the other, if any, with an analysis of what that duty is and why.

Last Completed Projects