Tort Law Essay Example | Topics and Well Written Essays - 750 words - 2

Tort Law - Essay Example Stringer also has a case to make claims against McNulty as a secondary victim. This is because he was present in the immediate aftermath of the accident and had a direct perception of the accident. In addition, by virtue of Stringer Bell’s response to McNulty’s distress call, following the decision in Frost v Chief Constable of South Yorkshire Police in which claims by rescuing policemen were allowed, Stringer will become a primary victim of the incident as a rescuer (Best & Barnes, 2011: p61). However, McNulty cannot make claims against the Baltimore District Council for joint liability in the accident. This is because, even though the construction materials had been left on the road, they were not part of the road. He cannot claim that the council was responsible for removing the materials as they belonged to Barksdale Development ltd. To make a claim, he must show that the council was negligent in the provision of a safe roadway (Best & Barnes, 2011: p63). In additio n, the council is immune from being sued except in special conditions, of which this is not one of them as the materials belonged to Barksdale. Finally, Omar can sue Kima for economic loss due to negligent misstatement. This is because Kima knew the purpose for which Omar sought the advice and Omar acted on the advice given to him to his economic detriment (Best & Barnes, 2011: p42). However, because Kima expected that he would seek advice from another independent source as she had already told him that she could not carry out a full road check without going to her garage, there is a possibility that the claim may be denied. In the second case, Lucy cannot make any claims against the zoo for her incident with the monkey. This is because the damage she suffered from the monkey bite had been forewarned by a sign that asked visitors not to feed the monkey in the absence of a zoo staff member. In