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Tuesday, June 25, 2013

Problem Question - Tort

Joe took his 5 year grey car in for its mot test, and it passed. The examiner failed to mark arrive at that the steering mechanism was defective. devil age after the test, Joe was thrust along a boorish path when the steering failed and he crashed into a tree expert ancient the crest of a long mound. The local endorsement had precedently con rampred placing a SLOW marking secure the crest of the hill because of previous accidents at that spot, but no action was taken referable to other priorities. Joe was shaken up and his left strengthen was broken. He exited the vehicle, which was still occupying about fractional of the left side of the course. volt minutes later Fred, who was unprompted a camion at excessive speed, failed to see Joes car as he came over the hill until fair(a) before he came upon it, and when he swerved to avoid it he missed control of his lorry and crashed into the onset car being dictated by Sam, who was killed instantly. discuss the obligation of all parties. bon mot Centre The mot eyes responsibilities be to ruin the car for defects and route duty. In this scenario, existence of credit line has been established whereby the MOT centre has a duty towards Joe to bump his vehicle for any defects and keep in line that the vehicle is itineraryworthy.
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This duty was breached by the quizzer at the MOT centre as he failed to identify the defect in the steering mechanism; the inspector had not worked in abidance with what the reasonable man would do. Had the quizzer performed his duty, thoroughly examined the car and set the defect, the problem could have been all fixed. According to the MOT prevail 6th Edition, if the car has unsolvable serious defects, it should be nix from being on the road until fixed. If the defects are not overcritical but its road truth is slightly risky, the driver should be notified of this and given a bank bill explaining the risks of driving with the cars condition. Neither actions were taking as the tester did not do his initial duty of identifying the problem. Using...If you wishing to get a generous essay, order it on our website: Orderessay

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