Question by K_v.x: Help with Tort Law question.?
I am currently working on this question and I need some help. I am in two minds about the outcome. I would say Belinda has a duty of care as Ali is a passenger. I would appreciate some ideas please!
Ali and Belinda are long-standing friends. Ali has recently been having money worries and has struggled to repay bank and credit card loans of £5,000. Ali became very anxious about his circumstances and explained the situation to Belinda. Belinda said that she wished that she could give Ali £5,000 to sort out his affairs, but she was presently hard-up herself. She did say, however, that she would do what she could to help Ali and she suggested that Ali should find another job, on top of his day job, to boost his income. Following Belinda’s advice, Ali was employed on a night shift at a local factory. As Ali did not have a car, Belinda offered to drive him to the factory so that he would be saved the expense of taxi fares. Although the additional income has eased Ali’s financial difficulties a little, the long hours he has been working have aggravated his nervous state of mind.
One evening, Belinda was feeling very tired but knowing how important the additional income was to Ali, she gave him his lift as usual. On the way to the factory, while travelling at low speed in a line of traffic, Belinda momentarily fell asleep at the wheel of her car. The car mounted a traffic island and destroyed a bollard. Ali, who was wearing his seat-belt, was not physically injured but he was very shaken up. The experience worsened his low mood and he felt unable to work. He received statutory sick pay, but this was not enough to finance his debts and he quickly incurred penalty charges of a further £500 from his lenders. In order to reduce the pressure from his bank and credit card company, Ali borrowed from a ‘loan-shark’ to pay off his other creditors and his total liability then increased to £10,000.
The local authority has now asked Belinda to pay for the cost of repairing the traffic island and bollard. Ali says that he wants Belinda to compensate him for his mental suffering, loss of earnings and the additional costs he has incurred in financing his debts.
Advise Belinda
Best answer:
Answer by Chunky Butt
Belinda should increase her monthly income by becoming a porn star and repaying Ali with a little something in the night, preferably in one room, containing one bed.
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Refer all claims to your insurance carrier. They are required to defend and settle all claims on your behalf. That is what you pay for when you take out insurance cover on your vehicle. Do NOT have any communications with any claimants related to the accident or their claims. Doing so may jeopardize your insurance cover.
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