Question

Khalid lived in a residential area some distance from where he worked. One morning, he found himself late for work because his alarm clock had failed to wake him at the usual time. In his rush to leave his home, Khalid backed his automobile out of his garage after only a cursory backward glance to make certain the way was clear. He did not see a small child riding a tricycle along the sidewalk behind his car, and the two came into collision. The child was knocked from the tricycle by the impact and was injured. The child’s mother, at the front door of her home (some 70 metres away), heard the child scream and saw the car back over the tricycle. She ran to the scene of the accident, picked up the child, and carried him home. Khalid called an ambulance, and the child was taken to the hospital and treated for a crushed leg. The mother brought a legal action against Khalid for damages resulting from the shock of seeing her child struck by Khalid’s car. An action was also brought on behalf of the child for the injuries suffered. Discuss the validity of the claims in this case, and identify the issues and points of law that are raised by the actions of Khalid. How would you decide the case?

Question of Business Law and expecting good discussion on this case.

Answer 1

Answer - As per the case given above the accident which took place was not intentional from any angle. It was just because khalid was in a hurry for his office and suddenly the child came behind his tricycle.

The mother of the child though can file a case against khalid for hurting his child but as the case is not so serious , there is no harm to the life of the child , she should ask and claim for the damages or the expenses of the treatment from khalid. Although khalid being responsible was all this already called the ambulance for the child. This showed his good response towards the accident. Hence the liniency should be shown on this ground.

Deriving the final conclusion it can be said that khalid must pay all the expenses related to the treatment of the child untill he is fully cured . The mother of the child should pay some flexibility towards her actions and not impose very strict action towards khalid.