To what extent, if any, did the Defamation Act 2013 make your editorial job easier or harder?
To what extent, if any, did the Defamation Act 2013 make your editorial job easier or harder?
May 19, 2020 Comments Off on To what extent, if any, did the Defamation Act 2013 make your editorial job easier or harder? Uncategorized Assignment-helpIn the town of Petersby, several factories dominated the landscape. For 10 years, Annawas employed as an assembly worker at Factory 1, which was owned and operated byZax plc. Anna was regularly exposed to asbestos dust at that factory. Anna then movedjobs, and worked for five years in Factory 2, which was owned and operated by Yuen plc.She performed the same types of tasks there, and was exposed to asbestos dust at thatfactory too. Anna fell ill, consulted a physician, and was diagnosed with asbestosis.Statistically, it has been scientifically established that more people suffer from asbestosrelated illnesses in Petersby than in other areas of the country because of the town’s closeproximity to a port, where the transfers of cargos and other activities account for elevatedasbestos levels in the general atmosphere. Further, it is impossible to establish, medically,when Anna contracted the illness.Anna was admitted to hospital as her condition deteriorated. Her husband, Barry, regularlyvisited her there. Barry was being treated for an eye condition which required that heattend Xatt Clinic to have drops inserted in his eyes under strictly controlled conditions.Barry was told by Wayne, the treating optician employed at the clinic, that he must notexpose his eyes to chlorinated water nor to strong sunlight at any time within two hours ofthe drops being administered. Barry ignored both of these instructions. He regularly droveto visit Anna during the early afternoon when the summer sun was at its strongest, andalso frequently swam at a public pool near the hospital, within that two-hour period.Barry’s sight has now deteriorated to the point where he has only 10% vision in each eye.It has come to light that, on two occasions during the treatment programme, Wayne didnot administer the drops according to the required protocols. It is impossible to say thatthis error on Wayne’s part caused Barry’s loss of vision on the balance of probabilities.The highest that the medical evidence will say is that the failure to administer the dropscorrectly may have caused the loss of vision.Assume that the relevant defendants have conceded that they owed the relevantclaimants a duty of care, that the defendants breached those duties, and that any damagecaused was not too remote at law. However, the defendants strongly contest causation.Have the respective defendants caused the claimants’ injuries in this scenario? If so, inwhat proportion are the defendants liable?Would your answer differ if Anna had suffered from mesothelioma instead of asbestosis asa result of her exposure to asbestos dust at Factory 1 and Factory 2?Question 2Hugo is aged 14 and has special educational needs. He is under the care of WokeCounty Council which has arranged for him to attend Woke School, a local schooloperated by the Woke County Council that has special facilities for children with specialeducational needs.One afternoon Hugo was working in the school garden. He saw Jerome riding an escooter along Puritan Lane, a very quiet lane running past the school. Hugo, who is verythin, managed to slip through a narrow gap in the hedge surrounding the school. He ranin front of Jerome, who had to swerve. Jerome fell off the scooter and banged his headon a wall. Hugo squeezed back into the school. No-one in the school realised that he hadbeen out in the lane.Kathleen, walking up Puritan Lane, found Jerome a few minutes later at 2.15pm. Shetelephoned for an ambulance but by mistake said that Jerome was lying in CromwellLane, which is a short distance away. Kathleen said to Jerome, “You silly fool riding oneof those stupid things. Well, I’ve phoned for an ambulance and they say they will be herewithin five minutes. You should be OK until then and I shall leave you to it.” When theambulance crew employed by Woke Ambulance Service reached Cromwell Lane at2.20pm, they found no-one in need of their services. They decided that it must have beena false alarm and drove slowly back to the station stopping to buy some food on the wayand arrived at 2.45pm.The controller at Woke Ambulance Station was, however, somewhat concerned and atonce rang Kathleen on her mobile phone. Kathleen however had now switched her phoneoff and did not answer the call.At 2.55pm another passerby on Puritan Lane found Jerome unconscious. She rang for anambulance, and another ambulance from Woke Ambulance Service arrived at 3.00pm.Jerome has suffered serious injuries and will have permanent disabilities. There is astrong chance that, if Jerome had been treated by the ambulance crew by 2.40pm at thelatest, he would have suffered much less serious disabilities.Advise Jerome. Question 3) You have edited a satirical magazine since 2010. To what extent, if any, did the Defamation Act 2013 make your editorial job easier or harder?Provide reasons for your answer, by reference to relevant legislative provisions andcase law.


