Advise John of the possible liability he may have, to whom and the basis upon which such claims might be made and damages assessed.

Remedies in contract tort restitution

Description

Dan, a 29 year old limousine driver, suffers serious injuries in a road traffic accident. John, the other driver involved, admits negligence. Dan survives for 12 weeks, during 4 of which weeks he is unconscious in hospital. He is survived by his partner, Tony, aged 56, who has been living with him for the past 3 years up until his death. Tony also assists him with his limousine firm accounts for which he is paid £300 per month. Also living with him at his death is his niece, Mel, aged 10, whom Dan has looked after for the last 4 years. Dan earned about £30,000 per year from his job but only declared £17,000 to HMRC for tax purposes.

Dan leaves half of his estate to charity and half to Tony. Dan also has a life assurance policy that generates £150,000 on his death.

Advise John of the possible liability he may have, to whom and the basis upon which such claims might be made and damages assessed.

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