Monday, February 1, 2010

What do you think? (1)

When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.

Is Ryan liable under civil or criminal law?
Should this case go to court, what will be Ryan’s right?
What should the pedestrian do to recover his injuries/loss?

Firstly, Ryan was at fault because he was using a mobile phone without using any hands-free device. In most countries at present, it is against the law to drive without the use of hand-free devices. He is therefore liable under criminal law, since there is a law against what he was doing.
Should the case go to court, Ryan's right will be to be fairly heard by the court, and not be found guilty before the case has been heard, that is unless he does plead guilty to his offences.
As a pedestrian, Ryan is supposed to pay for any damages that may have been imposed to him, which comprises of physical and psychological injuries, as well as any other inconveniences that may have been caused by the accident, such as loss of job.



For the second case, Geena commited a criminal as well as civil crime because she had commited fraud, which according to the law is illegal. Because she had bad business dealings with other people who she failed to make good on their investments, it falls under civil law, because it is a problem between two parties.

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