UKCustomPapers | Analysis of Potential Tort Claims for Clarissa and Gordon

Analysis of Potential Tort Claims for Clarissa and Gordon

The Criterion Outdoor Holiday Centre is based on the Yorkshire coast. The Criterion owns part of the sea shore and about 800 metres of bank of the River Eck, including the point where the mouth of the river joins the sea. The River Eck is tidal. Clarissa, who is 16, is staying at the centre and has spent the morning in the River Eck, or on its banks, canoeing and water skiing. After lunch, she returned to the Eck with her friends. By this time, the tide was going out. Clarissa swam to a buoy used by Criterion to moor its boats and canoes. Clarissa had seen people diving off the buoy the previous evening. The buoy was positioned close to the bank and over a stretch of river bed owned by Criterion. On the buoy is a notice saying Danger of Death. Keep Off. Strictly No Diving. Clarissa clambered with some difficulty onto the buoy but then lost her footing and fell head first into the river. Because of the outgoing tide, the river, at the point where she entered the water, was 50 centimetres deep. She struck her head on a rock on the riverbed and sustained a serious injury to her head which left her paralysed. When Clarissas father, Gordon, heard about what had happened, he rushed from the chalet where the family were staying, intending to arrive as quickly as possible at the scene of the accident. He took a shortcut across premises owned by a private yacht club. The path he took was commonly used as a shortcut by holidaymakers. As he was running, Gordons feet became entangled in one of the many coils ropes left by boat owners along the path and he tripped, breaking his arm. Advise Clarissa and Gordon as to any claims they might bring in Tort Law, and against whom any claims should be brought.

Sample Answer

Analysis of Potential Tort Claims for Clarissa and Gordon

Clarissa’s Potential Claims

1. Against Criterion Outdoor Holiday Centre:

– Occupiers’ Liability: Clarissa, as a lawful visitor to the Criterion’s premises, may have a claim under the Occupiers’ Liability Act 1957. The Centre owes a duty of care to ensure her safety while on their property. The presence of the Danger of Death notice may indicate that the Centre was aware of the risks associated with diving off the buoy.

– Negligence: Clarissa may also have a claim based on negligence if the Centre failed to take reasonable precautions to prevent accidents like hers. This could include the lack of proper warning signs or safety measures to prevent diving from the buoy.

2. Contributory Negligence:

– Clarissa’s decision to ignore the warning sign and dive from the buoy could be considered contributory negligence, affecting the extent of any damages awarded in her favor.

Gordon’s Potential Claims

1. Against Private Yacht Club:- Occupiers’ Liability: Gordon, as a lawful visitor using the path on the yacht club’s premises, may have a claim under the Occupiers’ Liability Act 1957 if the club failed to maintain a safe environment. The presence of coils ropes along the path could pose a hazard to visitors.

– Negligence: Gordon could argue that the yacht club was negligent in allowing dangerous conditions to exist on their property, leading to his injury.

Parties to Bring Claims Against

1. Clarissa:

– Clarissa may bring claims against the Criterion Outdoor Holiday Centre for occupiers’ liability and negligence.

2. Gordon:

– Gordon may bring claims against the Private Yacht Club for occupiers’ liability and negligence.

Conclusion

In assessing potential tort claims for Clarissa and Gordon, it is essential to consider the duties of care owed by the respective premises’ owners and any contributory negligence on the part of the claimants. Clarissa’s claims may focus on the Centre’s responsibility for her safety while Gordon’s claims could target the yacht club’s duty to maintain a safe environment for visitors. Seeking legal advice to evaluate the specifics of each claim and determine liability will be crucial in pursuing compensation for their injuries.

This question has been answered.

Get Answer

Our Free Services

Paper Formatting

No Lateness!

Our Guarantees

Analysis of Potential Tort Claims for Clarissa and Gordon

Sample Answer

This question has been answered.

Our Services

Daily Statistics

Why Choose Us