Friday, January 29, 2010

What Do You Think ? (Part 1)

Case 1
When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.

Is Ryan liable under civil or criminal law?

  • Ryan is liable under civil law.

Should this case go to court, what will be Ryan's right?

  • Ryan can try to settle with the victim by giving him damages to avoid the matter refer to the court.

What should the pedestrian do to recover his injuries / loss?

  • The walking pedestrian can claim for damages from Ryan under tort law because Ryan as a driver and road user owed a duty of care towards the walking pedestrian on the road.

Prepared by,
Fong Yok Yan (1071120015)

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