The Principle of Foreseeability and Proximity by Lord Atkin Essay

The Principle of Foreseeability and Proximity by Lord Atkin - Essay Example Inking V. Philliphs (1952), (K. Abbott, K. Wardley, B. Law 2001 taxi over a boy’s cycle. The boy who was not on the bicycle screamed. This mother (P) heard the scream and on looking out of the window saw the crushed bicycle but not her son. As a result, she suffered shock which made her ill. She failed in her action against D because it was held that a driver could only reasonably foresee that his carelessness would affect other road users and not persons in houses. He did not, therefore, owe a duty of care to P. In Tutton V. Wather (1985) (Ibid) P kept bees on land near D’s form D had a crop of oilseed rape which, when in flower, is particularly, attractive to bees. Despite clear written instructions to the contrary, D sprayed his crop while it was in flower, with a pesticide that was total to bees. His defence to P’s action was that no duty was owed because he was doing on his own land something that he was entitled to and that the bees came on the land without permission and were basically trespassers, the judge did not accept these arguments. It was held that the duty was owed under the neighbour principle and it had been broken. P, therefore, received compensation for the loss of his bee colony. The principle of foreseeability and proximity as laid down by lord ATKIN was again affirmed in Home office V. Dorset Yacht Co. Ltd. (Justice, P. Singh, how of farts 23rd edition) in which case some borstal trainees escaped one night due to the negligence of the Borstal officers who contrary to orders were in bed. The trainees caused damage to a yacht, the owner of which sued the home office for damages.

Automotive Essay Example | Topics and Well Written Essays - 1000 words

Automotive - Essay Example The first person to cross the line is not automatically the winner because the race involves the concept of time taken to leave the station, and the route that an individual follows. The race emphasizes the time factor because the Christmas tree system coordinates the individual vehicles. It checks the time that a car takes from the beginning to the end. The competition allows participation of vehicles that are tested by qualified mechanics. It also considers the type of cars that take part in the race. In the standard racing, the losing car and driver exit the contest, while the winner goes on to race with other winners, until only one is left, based on a traditional bracket system. In standard formats, the pairings consider the lowest elapsed times. In bracket racing without a breakout, pairings depend on time compared to their index. In bracket racing with a breakout, the closest to the index is favorable (Boyce, 2012). There are different categories of drag races; each class has the requirement of one restriction. For instance, there is category in terms of weight, engine size and modification (Boyce, 2012). The category that I took part in is the dragster race that involves the young stars. This type of racing involves young people who have the experience in track racing. They take part in an eight-mile race that takes place for each pair. The race involves the young people in there activities. It is usually fun to attend such events because of the enthusiasm that they show when they participate in the races. The event is also thrilling to the spectators because of the showcase of talents by the drivers. Such events are legal, and an established institution organizes them. I participated in the event for the same reason. However, some events are usually illegal because they contravene the traffic rules. The state prohibits them by arresting the people that are involved in the practice (Boyce 2012). The