Some hours later, Faller falls over the tool and breaks his ankle. He is a short-sighted Company employee who was not wearing his spectacles as he hurried down the corridor. Faller’s injury is diagnosed as a mere strain by Medic, a junior doctor at the hospital. Because of this failure in diagnosis, Faller is left with a permanent limp. Motorist and Partner spend the afternoon in their local country pub celebrating their recent motor rally win. After consuming several drinks, they become very noisy. The publican, Landlord, knows them well because they are regular customers who always drive to the pub. He continues to serve them. On leaving the pub Motorist speeds away in his rally car. Partner says: ‘Show me your skill and see how quickly you can get us home’. However, Motorist hits a patch of ice, fails to control the skid and knocks down Youngster, a fourteen year old who was riding his bike without a helmet. Youngster is conscious when taken to the hospital but is in significant pain. He dies some time later. Aunt is recovering from a recent nervous breakdown. Now she cannot forget her hurried visit to the hospital to see her nephew, Youngster, for the last time. She has flashbacks and cannot sleep. Partner hit her head on the dashboard and suffers concussion. Later she complains of significant memory loss. There is scientific uncertainty surrounding the causation of memory loss but some doctors have suggested that concussion can increase the risk of it occurring. Partner becomes very depressed. Just over three years later, never having brought a claim for compensation, she commits suicide. Discuss the liability of the parties in tort.
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