edf40wrjww2CF_PaperMaster:Desc
Step 1 ¨C Identify the issue or issues in the case.
According to the case, there are several issues:
(a) Whether Brian has the rights against Angelina and takes actions to her?
(b) Whether Brian has the rights against Steven and takes actions to him?
(c) Whether Brian has the rights against the thief who steal Angelina¡¯s car and take actions to him or her?
Step 2 ¨C State the law
(1) Negligence Liability
To be successful in a claim of negligence the claimant must prove that:
(I) the defendant owed the claimant a duty of care; and
(II) failed to perform that duty; and
(III) as a result, the claimant suffered damage
In the above issues, the relevant case laws are Hay (or Bourhill) v Young [1943] AC 92 which illustrate whether the defendant had owed any duty of care to the plaintiff; Smith v Littlewoods Organisation (1987,HL) which represent the act of third parties to guide the duty of care they may owed to the plaintiff and; Candler v Crane, Christmas & Co [1951] 2 KB 164 Mr. Ogilvie, which concerned with the position of those whose work involves giving professional business advice. Therefore the issues are whether they were reasonable for Brian to against Angelina, Steven and the thief rely on their negligence which cause damage to Brian and should they liable to the damage.
Step 3- Apply the law
According to this case, Angelina is the car owner and Steven is the person who provided service to her car, Angelina had anxious and leave her car beside the road to find summon help when the steam came out fr ...