Hello fellow users,
My question is regarding whether duty of care is owed/breached when causing personal injury. I would like to run a couple of scenarios, and any help relating will be very much appreciated! Both scenarios have something to do with Assault cases where no charges laid and police closed the case.
Scenario 1:
If person A and B are arguing and person C runs over and attacks person A and causes a fight, now both B and C attack person A. The result: person C comes out with personal injuries.
Is person C owed duty of care by person A? If so, how was it breached?
Scenario 2:
If person A and B are arguing and Person A is about to hit person B where as person C comes in between the two (A and B) and gets injured, and then Person C claims to have been further assaulted.
Is person C owed duty of care by person A, keeping in mind Person C "exposed and himself to a foreseeable risk" ? If so, how was it breached?
Any negligence issues?
All insight into this will be considered helpful.
Thank you
My question is regarding whether duty of care is owed/breached when causing personal injury. I would like to run a couple of scenarios, and any help relating will be very much appreciated! Both scenarios have something to do with Assault cases where no charges laid and police closed the case.
Scenario 1:
If person A and B are arguing and person C runs over and attacks person A and causes a fight, now both B and C attack person A. The result: person C comes out with personal injuries.
Is person C owed duty of care by person A? If so, how was it breached?
Scenario 2:
If person A and B are arguing and Person A is about to hit person B where as person C comes in between the two (A and B) and gets injured, and then Person C claims to have been further assaulted.
Is person C owed duty of care by person A, keeping in mind Person C "exposed and himself to a foreseeable risk" ? If so, how was it breached?
Any negligence issues?
All insight into this will be considered helpful.
Thank you