Phil is driving his son Don to school. He is running late. He gets 5 minutes down the road and remembers that Don has swimming today and he has forgotten his swimming bag. He quickly goes back to get it but as a result is running even further behind schedule. To try and make up the time, he drives faster and goes 30 miles per hour over the speed limit.
Phil’s mobile phone rings and he picks it up. It is his wife Carol asking him where he is because the school has called her wondering why Don has not arrived at school. Phil fails to see Kirstie coming around the corner, driving to work, and he crashes into her.
Phil and Don suffer minor injuries but Kirstie is severely injured breaking her arms, shoulder and numerous other bones because she suffers from a rare condition that means her bones are weak and are susceptible to breaks. Kirstie was not wearing a seatbelt at the time of the crash.
Kirstie is treated in hospital for her injuries by Dr Giles, the doctor on duty at the nearest hospital. Dr Giles fails to notice on Kirstie’s medical records that she is allergic to morphine, which he gives to Kirstie to treat the pain. Kirstie has an allergic reaction to the morphine and as a result her recovery time is doubled. Whilst Kirstie makes a full recovery, she has been unable to work for twelve months due to her injuries. Kirstie is self-employed and wishes to recover her loss of earnings.
Advise the potential claimants. 1000 words maximum. For each potential claimant, discuss
(1) duty
(2) breach
(3) causation
(4) remoteness and
(5) defences available.
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