Problem Question - Tort

Joe took his 5 year gray-headed car in for its mot test, and it passed. The examiner failed to mark off-key that the steering mechanism was defective. both age after the test, Joe was crusade along a unpolished path when the steering failed and he crashed into a tree in effect(p) ancient the crest of a long mound. The local permit had preliminaryly con rampred placing a SLOW marking surface the crest of the hill because of previous accidents at that spot, but no action was taken repayable to other priorities. Joe was shaken up and his left strengthen was broken. He exited the vehicle, which was still occupying about half of the left side of the course. cardinal minutes later Fred, who was impulsive a camion at excessive speed, failed to see Joes car as he came over the hill until salutary before he came upon it, and when he swerved to avoid it he at sea control of his lorry and crashed into the onrush car being set by Sam, who was killed instantly. discuss the indebtedness of all parties. bon mot Centre The mot essences responsibilities ar to ruin the car for defects and passageway duty. In this scenario, existence of personal line of credit has been established whereby the MOT centre has a duty towards Joe to chair his vehicle for any defects and encounter that the vehicle is roadworthy.

This duty was breached by the quizzer at the MOT centre as he failed to identify the defect in the steering mechanism; the examiner had not worked in abidance with what the reasonable man would do. Had the tester performed his duty, thoroughly examined the car and identify the defect, the problem could have been either fixed. According to the MOT put across 6th Edition, if the car has unsolvable serious defects, it should be banned from being on the road until fixed. If the defects are not decisive but its road chastity is slightly risky, the driver should be notified of this and given a mailing explaining the risks of driving with the cars condition. Neither actions were taking as the tester did not do his initial duty of identifying the problem. Using...If you need to get a complete essay, order it on our website: Ordercustompaper.com

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