Negligence

Step 1 ЁC Identify the issue or issues in the case.

According to the case, there are several issues:

(a) Whether Brian has the rights against Angelina and takes actions to her?

(b) Whether Brian has the rights against Steven and takes actions to him?

(c) Whether Brian has the rights against the thief who steal AngelinaЎЇs car and take actions to him or her?

Step 2 ЁC State the law

(1) Negligence Liability

To be successful in a claim of negligence the claimant must prove that:

(I) the defendant owed the claimant a duty of care; and

(II) failed to perform that duty; and

(III) as a result, the claimant suffered damage

In the above issues, the relevant case laws are Hay (or Bourhill) v Young [1943] AC 92 which illustrate whether the defendant had owed any duty of care to the plaintiff; Smith v Littlewoods Organisation (1987,HL) which represent the act of third parties to guide the duty of care they may owed to the plaintiff and; Candler v Crane, Christmas & Co [1951] 2 KB 164 Mr. Ogilvie, which concerned with the position of those whose work involves giving professional business advice. Therefore the issues are whether they were reasonable for Brian to against Angelina, Steven and the thief rely on their negligence which cause damage to Brian and should they liable to the damage.

Step 3- Apply the law

According to this case, Angelina is the car owner and Steven is the person who provided service to her car, Angelina had anxious and leave her car beside the road to find summon help when the steam came out from her car bonnet after StevenЎЇs service, an unknown thief had stole AngelinaЎЇs car during that time and drive it at high speed through red traffic light collides with BrianЎЇs car and causing Brian severe injuries.

Angelina does not owe any duty of care to Brain because she did not know her car can be stolen by other people and cause car accident. Besides that, she forgot to lock her car and left the keys in the ignition when she saw the steam came out from bonnet, and then left her car beside the road to look for help were reasonable and logical. Why? That was because during that period, she was feeling anxiety. Moreover, the owner of the car is liable only for her negligence to a car accident directly, and liable for damages resulting from the operation of her vehicle when it is driven with the ownerЎЇs permission. In this fact, Angelina is the third party, and her negligent does not represent a risk to Brian directly. Therefore, Brian has no rights against Angelina although