Write 4 page essay on the topic Law of Torts.
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I would advise Mr. Andy that his accident occurred in the type of area commonly known for producing similar types of vehicle mishaps, and it will not be necessary for him to prove any type of vicarious liability. It is the duty of the owner to make the property safe. . in the case of McWilliams V. Sir William Arroll 1962, the ‘but for’ test is applicable on the premise that he (Mr. Andy) would not have sustained the injury but for the breach of the (property owner) defendant. Moreover as in Anns V Merton (1977), Lord Wilberforce proposed a two-staged test…once neighborhood was established, there is a prima facie duty of care, which can only be rebutted on policy ground. (Boone) I would also caution Mr. Andy that his contributory negligence in not wearing a seat belt as requested by Suzie, may be just cause for his compensation to be reduced. The defendant might introduce the Contributory Negligence Act of 1945, which in part states: Where any person suffers damage as a result partly of his own fault and partly of the fault of any other person or persons, a claim in respect to that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard the claimants share in the responsibility for the damage. (Act 1945) …
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