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Understanding Causation, Remoteness of Damages, and Secondary Victims in Legal Claims

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Question 1: Causation and remoteness of damages

  • Issue: In this scenario, the problem is figuring out whether James' actions caused Kwame and Sheila's injuries and how far away those injuries are related to damages.
  • Rule: The damage should likewise not be too remote or unforeseeable, implying that a sensible individual in the litigant's position would have predicted the mischief as a logical consequence of their activities. The collision with Kwame's car, which resulted in Kwame's back injury and Sheila's head injury, was caused by James' breach of duty by driving 30 mph in a 20 mph zone and not paying attention to his surroundings. The inquiry is whether these wounds were too remote or unforeseeable because of James' break of obligation. This will depend on whether James' actions would have been anticipated by a reasonable person in his position.
  • Application: James swerved to avoid hitting Burn and caused a collision with Kwame's car, establishing factual causation. The collision that resulted in injuries would not have occurred if James had not driven carelessly. Hence, James' activities are the genuine reason for the damage endured by Kwame and Sheila.

Lawful causation thinks about whether James' activities were a significant and predictable reason for the mischief. A reasonable driver would have been able to stop or take evasive action right away, despite Burn's sudden appearance on the road[1]. The legal cause of the collision and subsequent injuries is contributed to by James's carelessness in exceeding the speed limit and failing to pay attention. The serious injury to Kwame's back and the resulting permanent nerve damage were reasonably foreseeable outcomes of the collision. There is a possibility that James' liability extends to the aggravation of Sheila's injury if it can be demonstrated that a reasonably competent paramedic would have acted differently and that Sheila's recovery would have been improved.

Conclusion

In view of the examination of causation and distance of harm, James is probably going to be responsible for the wounds supported by Kwame because of his careless driving. In any case, the obligation for Sheila's bothered physical issue relies upon the foundation of the paramedic's carelessness and whether it tends to be shown that James' activities were a significant and predictable reason for the irritation. A definitive conclusion regarding Sheila's claim would necessitate a further investigation of the facts and legal principles.

Recover damages

In the given scenario, James's accident has resulted in significant injuries for both Kwame and Sheila. Let's look into whether Kwame and Sheila will be able to sue James for damages that cover their entire losses. In Kwame's case, James was clearly going faster than the speed limit in a “20-mph zone”. James was negligent in the situation because he was not paying attention to his surroundings. Kwame suffered a severe back injury that permanently damaged his nerves and forced him to use a wheelchair for the rest of his life[2]. It is essential to take note of that Kwame had a prior condition that made his back more powerless against wounds. As a result, Kwame has a strong case for suing James for the full extent of his injuries, which include the need to use a wheelchair for an extended period of time, as well as the associated medical costs, loss of income, and emotional distress brought on by the accident.

In Sheila's situation, it is uncovered that Ellie, the paramedic who treated her at the scene, had been erroneously prepared with the most proficient method to answer head wounds[3]. Sheila's treatment was impacted by this incorrect training, which may have slowed her recovery and contributed to her frequent headaches. Here, there is an unmistakable break of the norm of care on Ellie's part. Sheila's head injury is still primarily attributable to James's carelessness during the accident. Sheila's recovery could have been accelerated and her headaches less severe, proving causation in this scenario may be difficult. James's carelessness in causing the accident and aggravated Kwame's injuries is not excused by Kwame's preexisting condition.

Question 2: Essay plan

Introduction

“The Alcock control component” recommends that for an individual to be viewed as an optional casualty, there should be spatial and worldly closeness. The purpose of this essay is to investigate the significance of this statement in light of secondary victims. At the point when both spatial and worldly nearness is high, the mental effect on auxiliary casualties will be more significant. This demonstrates that optional casualties, who are individuals who experience mental mischief or injury because of seeing a horrible mishap or its consequence, have probably been truly near the occasion and experienced it in close time vicinity[4]. People who witness the incident suffer psychological harm or trauma as secondary victims. By looking at the “effect of spatial and transient closeness” on optional casualties, they can acquire a more profound comprehension of “the encounters and difficulties” looked at by people who are by implication impacted by horrendous mishaps.

  • Definition of secondary victims: People who suffer “psychological harm” as a result of witnessing or learning about a traumatic event that occurred to another person are referred to as secondary victims. They are different from primary victims, who are the ones who actually go through the traumatic event[5]. When deciding whether or not a person is eligible to be considered a secondary victim, proximity in both space and time becomes increasingly important.
  • Spatial proximity as a control mechanism: The physical proximity between the second victim and the traumatic event is referred to as spatial proximity. It is crucial in establishing a link between the individual's psychological distress and the occurrence. Spatial proximity is a control instrument that uses the actual distance between improvements or elements to impact conduct and results. By setting related components or choices in closeness, people are bound to see them as associated or reliant[6]. The secondary victim is more likely to suffer negative psychological effects the closer they are to the traumatic event. Spatial proximity can be utilized to direct navigation, empower explicit activities, or control the view of likeness or association. Nonetheless, it is critical to practice alertness as the abuse of spatial proximity can prompt one-sided thinking, restricted investigation, or the control of decisions in dishonest ways. The distinction between those who are directly exposed to the event and those who are affected indirectly is made easier by spatial proximity.
  • Temporal proximity as a control mechanism: The time elapsed between the secondary victim becoming aware of the traumatic event and its occurrence is referred to as temporal proximity. The nearer the fleeting closeness, the more probable the auxiliary casualty is to encounter mental mischief. This is on the grounds that the profound effect of the occasion stays new and prompt, strengthening the auxiliary casualty's responses. Temporal proximity is a control system that depends because of time to impact conduct and direction. By introducing upgrades or occasions close so as to the ideal result, people are bound to relate to them and see a causal relationship. This component gains from the human propensity to focus on prompt outcomes over long-haul ones. Temporal proximity helps distinguish between those who learn about past events and those who are exposed to recent events.

Conclusion

The Alcock control component's explanation that "there should be spatial and transient vicinity" features the significance of actual closeness and worldly promptness in grasping optional casualties. Both spatial and temporal proximity play a significant role in assessing the psychological impact that individuals experience and serve as control mechanisms that determine whether or not they are eligible to be classified as secondary victims. Notwithstanding, it is fundamental to perceive the restrictions of this control component and consider different variables that add to the mental mischief endured by auxiliary casualties.

Question 3: Gibbs reflective cycle feedback to Improve Writing

  • Description: While looking for criticism to further develop composing, giving a reasonable portrayal of the composed work is urgent. This incorporates determining the reason, setting, and ideal interest group.
  • Feelings: Consider your initial feelings and thoughts about the writing. What aspects inspire you the most confidence? Where how about enhancements be vital?
  • Evaluation: Share your composition with people who have the important mastery to successfully assess it. This could be a teacher, a peer, a mentor, or a professional in writing[8]. The evaluators ought to have a decent comprehension of the class, style, and expected message.
  • Analysis: Conduct a thorough evaluation of the received feedback. In the suggestions and comments, look for common threads or patterns[9]. Identify your writing's strengths and weaknesses.
  • Conclusion: Analyze the feedback and draw inferences about the areas in need of improvement. Identify specific strategies and points of action to address the weaknesses that have been identified.
  • Action Plan:: Develop a comprehensive strategy to improve your writing abilities. This might entail looking for additional resources, putting particular skills into practice, or going over old grammar and style rules again[10].
  • Learning: Reflect on the entire feedback and improvement process. Consider what you have realized, both as far as unambiguous composing abilities and the general creative cycle. Consider how this experience can assist you in your subsequent writing endeavours.

References list

Ahn, S., Kang, C. and Lee, H.W. (2020) Artificial Intelligence and computational approaches for epilepsy, Ewha Womans University. Available at: https://pure.ewha.ac.kr/en/publications/artificial-intelligence-and-computational-approaches-for-epilepsy (Accessed: 17 May 2023).

Artificial Intelligence, systemic risks, and Sustainability (2023) Princeton University. Available at: https://collaborate.princeton.edu/en/publications/artificial-intelligence-systemic-risks-and-sustainability (Accessed: 17 May 2023).

Author links open overlay panelJiaji Wang a et al. (2023) Artificial Intelligence for Visually impaired, Displays. Available at: https://www.sciencedirect.com/science/article/pii/S0141938223000240 (Accessed: 17 May 2023).

Chesterman, S. (2020) Artificial Intelligence and the limits of Legal Personality: International & Comparative Law Quarterly, Cambridge Core. Available at: https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/artificial-intelligence-and-the-limits-of-legal-personality/1859C6E12F75046309C60C150AB31A29 (Accessed: 17 May 2023).

Chowdhury, S. et al. (2023) Unlocking the value of artificial intelligence in human resource management through AI Capability Framework, Aston Research Explorer. Available at: https://research.aston.ac.uk/en/publications/unlocking-the-value-of-artificial-intelligence-in-human-resource- (Accessed: 17 May 2023).

Pickover, C.A. (2019) Artificial Intelligence: An illustrated history: From medieval robots to neural networks, Amazon. Available at: https://www.amazon.com/Artificial-Intelligence-Illustrated-Medieval-Histories/dp/1454933593 (Accessed: 17 May 2023).

Tavares, D. et al. (2021) The intersection of Artificial Intelligence, telemedicine, and neurophysiology: Opportunities and challenges, IGI Global. Available at: https://www.igi-global.com/chapter/the-intersection-of-artificial-intelligence-telemedicine-and-neurophysiology/320377 (Accessed: 17 May 2023).

Tiamiyu, Q.O., Adebayo, S. and Ibrahim, N. (2020) Recent advances on postharvest technologies of Bell Pepper: A review: Semantic scholar, Heliyon. Available at: https://www.semanticscholar.org/paper/Recent-advances-on-postharvest-technologies-of-bell-Tiamiyu-Adebayo/8bd5a10e358d9422da7c4d371d8768e3eafc9bc2 (Accessed: 17 May 2023).

[1] Pickover, C.A. (2019) Artificial Intelligence: An illustrated history: From medieval robots to neural networks, Amazon. Available at: https://www.amazon.com/Artificial-Intelligence-Illustrated-Medieval-Histories/dp/1454933593 (Accessed: 17 May 2023).

[2]Artificial Intelligence, systemic risks, and Sustainability (2023) Princeton University. Available at: https://collaborate.princeton.edu/en/publications/artificial-intelligence-systemic-risks-and-sustainability (Accessed: 17 May 2023).

[3] Tiamiyu, Q.O., Adebayo, S. and Ibrahim, N. (2020) Recent advances on postharvest technologies of Bell Pepper: A review: Semantic scholar, Heliyon. Available at: https://www.semanticscholar.org/paper/Recent-advances-on-postharvest-technologies-of-bell-Tiamiyu-Adebayo/8bd5a10e358d9422da7c4d371d8768e3eafc9bc2 (Accessed: 17 May 2023).

[4] Tavares, D. et al. (2021) The intersection of Artificial Intelligence, telemedicine, and neurophysiology: Opportunities and challenges, IGI Global. Available at: https://www.igi-global.com/chapter/the-intersection-of-artificial-intelligence-telemedicine-and-neurophysiology/320377 (Accessed: 17 May 2023).

[5] (2023) Sci-hub | Artificial Intelligence in Education: A review. IEEE access ... Available at: https://sci-hub.se/10.1109/access.2020.2988510 (Accessed: 17 May 2023).

[6] (2021) (PDF) teaching physical fitness and exercise using ... - researchgate. Available at: https://www.researchgate.net/publication/369326515_Teaching_Physical_Fitness_and_Exercise_Using_Computer-Assisted_Instruction_A_School-Based_Public_Health_Intervention (Accessed: 17 May 2023).

[7] Chesterman, S. (2020) Artificial Intelligence and the limits of Legal Personality: International & Comparative Law Quarterly, Cambridge Core. Available at: https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/artificial-intelligence-and-the-limits-of-legal-personality/1859C6E12F75046309C60C150AB31A29 (Accessed: 17 May 2023).

[8] Ahn, S., Kang, C. and Lee, H.W. (2020) Artificial Intelligence and computational approaches for epilepsy, Ewha Womans University. Available at: https://pure.ewha.ac.kr/en/publications/artificial-intelligence-and-computational-approaches-for-epilepsy (Accessed: 17 May 2023).

[9] Chowdhury, S. et al. (2023) Unlocking the value of artificial intelligence in human resource management through AI Capability Framework, Aston Research Explorer. Available at: https://research.aston.ac.uk/en/publications/unlocking-the-value-of-artificial-intelligence-in-human-resource- (Accessed: 17 May 2023).

[10] Author links open overlay panelJiaji Wang a et al. (2023) Artificial Intelligence for Visually impaired, Displays. Available at: https://www.sciencedirect.com/science/article/pii/S0141938223000240 (Accessed: 17 May 2023).

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