Fundamental of Business Law by the Alice’s car

Even though Jason was crossing the road using pedestrian crossing ought to have taken reasonable care so he could have avoided being knocked by the Alice’s car. But due to the fact that he was already drunk, he was not a conscious man hence he was not mindful of motorist using the busy road. Alice would argue that the accident would still have occurred without negligence on her part since Jason who was run over by her car was already drunk and like any other drunken men, they are never mindful of other users of the road.

A relevant case ruled on res ipsa loquitor concept is that of Bryne vs. Boadle of 1963. In this case, a barrel of flour fell from a warehouse of the defendant on the plaintiff injuring him while walking along the street. The judge held that the plaintiff was not required to show how the accident took place because on the facts negligence could be presumed and the rule of res ipsa loquitor applied. Jason on the other hand can bring a case on the newly qualified junior doctor for negligence. A doctor due to his professionalism he is required to exercise his skill and take reasonable care to do the act which he undertakes.

The standard of care by which determine whether a person has been negligent or not is the standard of care; expect from an ordinary prudent man in the particular situation. A prudent man is one who has acquired the skill to do the act which he undertakes. The degree of care, skills or diligence which a man is required to apply varies according to a particular case. Thus when a person has undertaken a duty which requires extraordinary care or skill, he is bound to use great care in order to avoid the foreseeable harm to a person or to his property. On the other hand, if the danger is slight, only a slight amount of care is expected to be used.

If a person holds himself out as being specially competent or qualified, he is under duty to exhibit such care and skill usually found in persons of his qualifications. For example, one would expect from a surgeon the degree of skill appropriate to a reasonably competent member of his profession. Similarly, a person treated by a compounder at a village dispensary for his leg wound cannot expect the degree of care of a professional qualified doctor. For this case, Jason expected to be treated professional since he was in a reputable hospital under the care of a qualified doctor.

The issue that the complication he developed was a result of combination of alcohol and an antibiotic that was administered by the newly qualified junior doctor is immaterial since the doctor ought to have known the status of the patient before administering the drug. He ought to have known that the patient was already drunk when he was brought in their hospital. It is also immaterial that the newly qualified doctor is the one who cause the complications since he ought not to have administered the drug without instructions of a well qualified doctor.

When it comes to the issue of the second accident that Jason was involved in when he was being taken to hospital with an ambulance, the accident was inevitable since the accident might have still occurred since in emergency cases, the ambulance usually drive at high spend. The rule of res ipsa loquitur will apply in this issue since the accident would still have happened without negligent on the ambulance driver. In normal circumstance when an ambulance are being driven, they are driven at a high spend in order to save the life of the sick person.