Advise the parties of their remedies in tort if the suit is brought at this time.

Remedies in Contract and Tort

Description

Archie is a surgeon who runs an independent practice. He is a careless and unskilled surgeon, and fails to satisfy expectations of a medical practitioner. He performed a knee replacement on the professional dancer Brad which if performed skillfully would have returned Brad to full mobility and health; instead Brad is permanently left incapable of dancing, and with lingering, permanent knee pain. Brad expected to dance for another 20 years before retirement; instead, he takes a job as an actuary that pays twice as much but which he detests. Brad also saves significant money from no longer having to travel to different dance venues.

However, he required significant renovations to his home for full access due to reduced mobility following the surgery. It is established that the severity of Brad’s injury was due to his reckless decision to go on a down-hill skiing trip (against competent professional advice from another doctor) the week after the botched surgery. Had he acted in line with the competent advice and not gone on the skiing trip, he would have suffered as much pain, but his mobility would have not been reduced.

Archie also performs a back operation on Carl. Archie fails to sterilize his instruments, and Carl catches a deadly infection which he certainly would not have caught had Archie adhered to standard competent practice. Carl dies immediately. Carl did not work, but cared for 3 children: 2 year old Debbie, 12 year old Eric, and 14 year old Federica. Federica was already at a full-time boarding school that would last until university. Carl is also survived by his partner, Greg. Archie is so sad about the situation he mails Greg a £10,000 cheque the day after Carl dies, with a note, ‘I’m so sorry’.

Overcome with grief, the day after Carl’s death Greg slams on his brakes in frustration in the middle of the M25, causing Harley to impact him. It is undisputed that Greg’s sudden braking was careless. Harley’s car itself is undamaged, but as a result of the delay Harley misses an important business meeting that costs him £10 million.

Advise the parties of their remedies in tort if the suit is brought at this time.

MAKE REFERENCE ONLY TO UK LAW

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