University | University of Sunderland (UoS) |
Subject | BusinessLaw and Tourism |
Assignment Brief:
Manfred and Fiona are both employees of Omega Travel, a leading tour agency. Manfred, a tour bus driver, was driving his colleague, Fiona, a tour guide, to pick up tourists at their hotel on a rainy day. They were held up in traffic and Fiona was convinced that they will be late in meeting up with the tourists. After they had waited at a red light for some time, Fiona shouted: ‘Get on with it. Go through the red light.
The lights are obviously not working. There’s no traffic around. Get a move on.’. Manfred could not see any traffic approaching and drove across the junction in response to Fiona’s instructions. He struck a bicycle ridden at speed by Liam, who was wearing dark clothing, no helmet, and had no lights on his bicycle. Fiona, who was not wearing a seat belt on the tour bus, became injured and Liam who has a heart condition, suffered a heart attack and died of his injuries. As a result of bad publicity arising out of the accident, Omega Travel’s profits plummeted due to poor sales. In order to continue in business, Omega Travel approached an investor, Travelpedia Group with a proposal to invest in Omega Travel as a minority shareholder.
- Advise Manfred of his potential liability in negligence
Students are recommended to familiarise themselves with the IRAC method (Issue, Rule, Analysis/Application, Conclusion) and use it in this question. Please identify the issue, state the rule (or legal principle), apply the facts to the rule (or legal principle), and then give a conclusion.
- Travelpedia has requested advice as to the features and drawbacks of shared ownership in Omega Travel.
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