The rollercoaster is owned by Richard. Richard has not serviced the rollercoaster for 3 years in order to save money. Due to budget cuts, the local council has also not inspected the safety of the rollercoaster for 3 years. Under s.32 of the (fictional) Country Fairs Act 2015, the local council is under an obligation to inspect the safety of attractions, such as rollercoasters, in Country Fairs in its catchment area. S. 33 stipulates that the local authorities that do not comply with the requirements of s. 32 may be sued in tort. S. 47 of the same Act stipulates that it is a criminal offence for the owners of attractions at Country Fairs not to service the attractions each year.
John and Gerard ride on the rollercoaster. Peter stays at the entrance of the rollercoaster, to wait for the children to finish their ride. Lily goes to a nearby stall to buy coffee. Because the rollercoaster has not been serviced for so long, it malfunctions, and several rollercoaster wagons fall to the ground at great speed and from a great height. John and Gerard are in one of these wagons, and Peter sees their wagon hit the ground.
Lily hears the crash and the screams, and comes back running to the rollercoaster. Peter and Lilly run towards the crashed wagons, and start looking for John and Gerard. They are both alive, but they are badly injured.
Peter and Lily develop PTSD as a result of the accident.
Advise Peter and Lily about any claim(s) in tort they may have, and whether these claim(s) will be successful. Advise Lily, as the sole parent of John and Gerard, whether she can also claim in tort on their behalf successfully. Also advise Richard about any claim(s) in tort he may have, and whether these claim(s) will be successful.
Please check the powerpoints to see the different types of breach in tort and the valid claims
You should write this essay in IRAC form:
-Introduction: (a brief explanation not more than 5 sentences and ending it with we think that they will have a succesful claim in tort or not/opinion)
-Rule: Explain the different types of tort law generally (not in relation with the body) Just write the rules that will be discussed in general
-Analysis: Explain the different types of breach and claims in relation with each event
-Conclusion: conclude the topic and add your opinion
For the citations:
Please just try to use the powerpoints attached and you can use another source if you would like and if you can please add footnotes