SUMMARY OF ARGUMENTS

ISSUE 1: WHETHER MR. OSBORNE IS LIABLE TO PAY THE

COMPENSATION

A traffic police officer though being aware of consequences drove the car after
consuming alcohol not being in control had a rash car drive, it is a punishable
offence under the sec 185 of motor vehicle act and certain charges should be
paid as a fine.

ISSUE 2: WHETHER THE STATE OF LATVERIA IS VICARIOUSLY

LIABLE FOR THE ACTIONS OF MR OSBORNE

It is humbly submitted before the honourable court that the defendant is

liable on behalf to pay the damages to plaintiff because of the physical and
psychological distress caused by the negligent act. The government is also
vicariously liable to pay damages for the negligence of issues.

MEMORIAL ON BEHALF OF PLANTIFF

 ARGUMENTS ADVANCED

ISSUE 1: WHETHER MR.OSBORNE IS LIABLE TO PAY THE

COMPENSATION

1. Being a traffic police officer, he must have taken due care. He was
aware of the consequences he could have taken cab or could have ask
someone to drive he himself drove the car which is a negligence.
2. He is a teetotaller he is not an alcoholic so he will not be in control.
3. It was December Henry know that the roads will be slippery he must
have driven the car with due care.
4. Under section 185 of the motor vehicle offence when one drive the
vehicle with alcoholic content their blood is a punishable offence.
5. Henry himself being a government traffic police officer committing an
accident his licence must be cancelled.

6. As Mr. Osborne is a TEETOTALLER, he should know that he

shouldn't drink even if Someone offers. Also, since it was his first time as
police officer, he who knows the rules should be vary of DRINK and DRIVE
and should have avoid the driving in any cause

MEMORIAL ON BEHALF OF PLANTIFF

ISSUE 2: WHETHER THE STATE OF LATVERIA IS VICARIOUSLY
LIABLE FOR THE ACTIONS OF MR OSBORNE

1.Doomstadt is the capital city of the Republic of Latveria, with a population

of 25 million people. The city is notorious for its miserable road infrastructure
and terrible traffic. As a result of these conditions, accidents were frequent in
Doomstadt.

2. That pothole has been a hotspot for accidents in previous months but no
action has been taken by the Government to remedy the same

3. As the given facts the government neglected the remedies for the accidents
to be happen or to be happened. Its is predictable by anyone that the spot is
famous for the accidents as it has miserable roads and terrible traffic.

4. As peter parker works in Doomstadt as a web developer his source of

income was cut off as he lost the job to take care of his uncle and this was
caused due to the accident as he was to take care of his uncle.

5. The accident had happened in the month of December and its was
exceptionally cold that it and snowed frequently, this should have catch the
government eyes and order the municipal or road corporation to clear the
snow time to time or keep the warning signs

6.In Doomstadt, while there is no clear law dealing with the vicarious liability
of the state. Article 3000f the Indian constitution specifies that the union of
Doomstadt or Government of state can sue and be sued like any ordinary
person.

7. This Master and servant contract, between Mr. Osborne and government
and for the

8. The legal maxim Qui Facit per alium Facit per se also applies to the concept
of vicarious liability, which means he who acts for another, acts for himself.

10. Composite negligence.

11. Remoteness of damage

MEMORIAL ON BEHALF OF PLANTIFF

 PRAYER

Wherefore, in the light of facts stated, the cases cited, issues raised, arguments
advanced and authorities cited, it is most humbly prayed and implored before
the Hon'ble Civil Court of, that it may be graciously pleased to adjudge and
declare that:

1. The defendant is liable for negligence and the plaintiff is entitled to

damages as sought.

2. The sum claimed by plaintiff is reasonable considering, the inconvenience

the plaintiff had to experience.

3. The plaintiff has a claim under the Law of torts as it fulfils all the
requirements for a negligence .

Also, pass any other order that the court may deem fit in favour of the
plaintiff to meet the ends of Equity, Justice and Good Conscience.

For this act of Kindness, the Plaintiff shall duty bound forever pray.

Place: Doomstadt Respectfully submitted,

Dated: 31st March 2022 Counsel for Plaintiff

MEMORIAL ON BEHALF OF PLANTIFF