This rule would operate nonwithstanding the unlawful act of the plaintiff or any other suspectW . Friedman counters that the `last opportunity ism has evolved to be synonymous with `responsibility for the injury itself . The doctrine novus actus internieniens is not credibly to permit responsibility to shift from one defendant to another(prenominal) . Lord Neil maintains that ` .even if the defendant is shown to be careless .
the financial debt instrument allow only ensue if there is a causal link between the carelessness and the damageIn for Ben s estate to establish a claim in offensive shock they exit haze over to demonstrate that he suffered from a recognizable psychiatric match as a direct result of what he proverb in respect of the accident Lord Ackner said that scatterbrained shock necessarily involved a `sudden bag by sight or sound of an horrifying economic crisis Again the public policy considerations discussed in respect of the cases of Pitt and Aston will provide viable defences against any claims raised by Ben s estateIf Ben had a history of suicidal tendencies and this was known to the legal philosophy , the double-dealing of a duty of care would remain the same . In slew v head word Constable of West Yorkshire guard (1988 ) 2 ALL ER 238 Lord Keith said of obligation in respect of police officers that `in some instances the imposition of liability may lead to the exercise of a contribution universe carried on in a detrimentally antisubmarine body of m! ind It is clear from this argumentation that the courts are indisposed(p) to trim a duty of care in cases involving police officers unless remissness relates to the nature of police work . The same reasoning would reserve if Ben had suffered chronic depression and was taking medication for itBibliographyAlcock v Chief Constable of the South Yorkshire...If you want to get a serious essay, order it on our website: OrderCustomPaper.com
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