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Return of company car after dismissal

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  • #16
    Re: Return of company car after dismissal

    Did you have use of the vehicle for a time after it should have been returned?

    Also, could you possibly answer post 11?

    Thanks :tinysmile_twink_t2:

    Comment


    • #17
      Re: Return of company car after dismissal

      was the car after the police seized it taken away on a recovery truck?

      Comment


      • #18
        Re: Return of company car after dismissal

        http://www.e-lawresources.co.uk/Causation.php

        Causation in tort law



        Novus actus interveniens - Act of 3rd party

        Where the new act is of a third party, the test is whether the act was foreseeable. If the act of the third party was foreseeable, the defendant remains liable and the chain of causation remains in tact. If the act of a third party is not foreseeable this will break the chain of causation and the defendant is not liable for the actions of the third party:



        The following case suggests a high degree of foresight is required:


        Lamb v Camden LBC [1981] 2 All ER 408 - Case summary


        Novus actus interveniens
        - Act of the claimant


        Where the new intervening act is that of the claimant, the test is whether the claimant acted reasonably in the circumstances. If the claimant's actions are deemed reasonable the chain of causation remains in tact and the defendant is liable for the actions of the claimant. If, however, the claimant's actions are unreasonable in the circumstances the chain of causation is broken and the defendant is not liable for the actions of the claimant:
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

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