Tutorial 6

1. Explain the concept of “neighbourhood principle” as laid down in Donoghue v

Stevenson [1932] AC 562.

2. Maryland Balloon Express Co Ltd had organized an air balloon adventure for students
of Wiralma International School during the school holidays. The pupils were very excited
as this was the first time they experienced this interesting activity. Channel 20 has agreed
to telecast it live on TV to be viewed by the public.

At first, everything went well as scheduled. But after half an-hour when the balloon was
at 3,500 feet above the ground, the ropes suddenly snapped. The basket carrying the
students fell speedily and crashed into a forest. As a result, their bodies were scattered
around and few survivors were crying in pain.

Ms Elaine who was watching the tragedy on TV, saw her child screaming for help. She
was later informed that her child did not survive the crash. She now suffers post-
traumatic stress disorder as she got only one child.

Mr Charles was having coffee and reading the newspaper at home. A school teacher
informed him about the incident by phone. He rushed to the scene and saw bodies of dead
children and then stumbled upon his own daughter mutilated body. Since then, he shut
down his business and has been suffering form pathological grief disorder.

The teachers had also contacted Ms Mina, a single mother, who was in Korea attending
an international course. She was informed that his son was lost in the tragedy. Ms Mina
only managed to get the flight two days later. She fainted when shown to her son dead
body in the hospital. She is now undergoing a treatment for anxiety neurosis.

Mr Watt, a fireman, was involved in the rescue operation. His task was to pick up the
pieces of broken bodies to be put into plastic bags. Since then, his nights were disturbed
by bad dreams and nightmares. He suffered psychiatric illness. He later resigned from
work.

Joey, who was in the forest looking for plants for research purposes, saw the accident
from a distance. He then suffered nervous shock. He is now avoiding society, family and
friends.

All the affected parties would like to claim damages from Maryland Balloon Express Co
Ltd. Apply the rule in the tort of negligence to advise them on their chances of success.

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