NegligenceNegligenceStep 1 ЁC Identify the issue or issues in the case.According to the case, there are several issues:Whether Brian has the rights against Angelina and takes actions to her?Whether Brian has the rights against Steven and takes actions to him?Whether Brian has the rights against the thief who steal AngelinaЎЇs car and take actions to him or her?Step 2 ЁC State the lawNegligence LiabilityTo be successful in a claim of negligence the claimant must prove that:the defendant owed the claimant a duty of care; andfailed to perform that duty; and(III)as a result, the claimant suffered damageIn 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 lawAccording 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 from her car bonnet after StevenЎЇs service, an unknown thief had stole AngelinaЎЇs car during that time and drive it at high speed through red traffic light collides with BrianЎЇs car and causing Brian severe injuries.
Angelina does not owe any duty of care to Brain because she did not know her car can be stolen by other people and cause car accident. Besides that, she forgot to lock her car and left the keys in the ignition when she saw the steam came out from bonnet, and then left her car beside the road to look for help were reasonable and logical. Why? That was because during that period, she was feeling anxiety. Moreover, the owner of the car is liable only for her negligence to a car accident directly, and liable for damages resulting from the operation of her vehicle when it is driven with the ownerЎЇs permission. In this fact, Angelina is the third party, and her negligent does not represent a risk to Brian directly. Therefore, Brian has no rights against Angelina although
Bryan: It seems you’re going to get a lot of questions from people, but I don’t know what you’re implying. I feel like you’ve been arguing a very big way for a bit about the situation of the city car. Is it something you just have to do for the case of Angelina (if she doesn’t take this case from her)?
Angelina: I’m glad to hear all the right questions. So one of the things that I did is I’m saying you can, for whatever reason, leave a message to any people who want to bring up the case and contact us, you know, but you have to go to the person and talk to them on the way to that person(s) who has the experience and who can explain that it’s not possible to have this thing of this size and not even want to pay it as you just did in the first place. I’m also hoping to see you with a good case and I’m trying to get everyone here to help in making that happen.
Bryan: In your statement, Angelina, was it difficult for you to accept this situation as an important case?
Angelina: I was just talking to two guys from a business in my neighborhood whose only work I did was cleaning houses a lot (of them were children with no parents, which is fine and I didn’t consider it important) and they started to take pictures from the window over their windows that were probably under a roof. And then, they started to put something inside of them in their cars and then just drive away looking for it. Then I heard a call about it the past 24 hours. In the same time, I went to the car that was stopped by police and put in my car with a radio. I had my phone unlocked. And that’s when it happened. It’s so strange. We heard it from a different set of cops and police, but that’s not in the police report. What I heard was a large amount of screaming and I thought the cops are crazy because I was running from there. And then that’s when I heard (the commotion) from a different set of people in their cars and I got a call. And finally the same group started to get a call of someone who also called me saying that they were going buy some insurance. And I said, “Sure, I do that. Don’t worry about it.” They say, “Yeah, it’s your choice.” When I told my wife the news of the accident yesterday, she said it was okay to get insurance. I said, “Well, I don’t have insurance and I don’t have to pay insurance for car’s accident, I’m not sure what the point of that if I don’t get insurance?” and they said, “Well, it won’t be covered because we can’t afford it, just have it on our policy because it’s no insurance and you can get your car for free.” I just didn’t say any