Solving Tort Law Problems
The assignment requires you to solve some tort law problems. Erin runs a pleasure boat, The Southern Belle, taking holidaymakers along the south coast. She wishes to make as many trips as possible each day to maximise her profit. Erin generally checks the boat for damage after each trip but one day she has no time to make the customary checks before the boat sets off. She does not notice that there is a hole in the hull of the boat, which was made when the boat hit a rock on a previous trip. The boat begins to take on water at a fast rate. The holidaymakers are forced to abandon ship and they are swimming in the sea. Some of them do not have time to put on life belts and two people, Rio and Anya, drown before help can arrive. Wayne, a passenger on the boat had tried to rescue Rio but failed. Rio’s fiancée, Sneha, watches from the shore as Rio’s body is lifted from the water. Anya’s husband, Zak, receives a call from their daughter, Pippa and rushes to the hospital mortuary, where Anya’s body has been taken. She has been cleaned up a little, but there is still oil and seaweed attached to her body. Sneha, Wayne and Zak suffer mental breakdowns. Advise Erin of her liability for the events.
Do this tort law problem question using the irac method.
Issue: The main issue in this case is to determine Erin’s liability for the events that occurred during the boat trip, including the drowning of two passengers (Rio and Anya) and the resulting mental breakdowns of Sneha, Wayne, and Zak.
Rule: In tort law, liability can arise when there is a breach of duty of care owed by one person to another, resulting in foreseeable harm or damage.
Application:
- Duty of Care: As the owner and operator of the pleasure boat, The Southern Belle, Erin owes a duty of care to her passengers. This duty includes ensuring the boat is safe and in proper working condition before each trip.
- Breach of Duty: On this particular day, Erin failed to conduct the customary checks on the boat, which could have identified the hole in the hull caused by a previous collision with a rock. This breach of duty resulted in the boat taking on water at a fast rate during the trip.
- Foreseeable Harm: Erin’s failure to identify and rectify the hole in the hull made it foreseeable that the boat could take on water during the trip, putting the holidaymakers at risk. Subsequently, the drowning of two passengers (Rio and Anya) due to the boat’s sinking was a foreseeable consequence of the breach.
- Causation: The breach of duty (failure to check the boat for damage) was the direct cause of the boat taking on water and sinking, leading to the drowning of Rio and Anya.
- Proximate Cause: Erin’s failure to conduct the customary checks directly led to the boat sinking and the passengers being in distress. The resulting mental breakdowns suffered by Sneha, Wayne, and Zak were a reasonably foreseeable consequence of witnessing the tragic events.
Conclusion:
Based on the application of the IRAC method, Erin is liable for the events that occurred during the boat trip. Her failure to check the boat for damage before setting off breached her duty of care owed to the passengers. This breach directly led to the boat sinking, resulting in the drowning of Rio and Anya, and causing the mental breakdowns suffered by Sneha, Wayne, and Zak.
