Problem Question - Tort

Joe took his 5 year old gondola simple machine in for its mot test, and it passed. The examiner failed to mark off that the steering mechanism was forsakeive. two age after the test, Joe was control along a rural area path when the steering failed and he crashed into a tree ripe ancient the crest of a long mound. The local potency had previously con rampred placing a SLOW marking earnest the crest of the hill because of previous accidents at that spot, but no action was taken due to other priorities. Joe was shaken up and his left strengthen was broken. He exited the vehicle, which was still occupying about half(prenominal) of the left side of the course. Five minutes later Fred, who was driving a camion at excessive speed, failed to see Joes railway car as he came over the hill until vindicatory before he came upon it, and when he swerved to avoid it he wooly-minded control of his lorry and crashed into the oncoming car being dictated by Sam, who was killed i nstantly. discuss the liability of all parties. mot reduce The mot centres responsibilities are to ruin the car for defects and road duty. In this scenario, existence of business has been established whereby the MOT centre has a duty towards Joe to check his vehicle for any(prenominal) defects and ensure 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 tester had non worked in accordance with what the reasonable man would do. Had the tester performed his duty, thoroughly examined the car and identified the defect, the problem could have been ei! ther fixed. According to the MOT guide 6th Edition, if the car has unsolvable serious defects, it should be prohibited from being on the road until fixed. If the defects are non critical but its road worthiness is slightly risky, the number one wood should be notified of this and given a notice 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 wishing to get a full essay, order it on our website: OrderCustomPaper.com

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