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Transcript of Oral Transcript.docx
Your honour if I may have a slight extension of time to complete this argument. I submit that the facts and circumstances which I have proved establish a prima facie case of negligence against the Respondents. The facts remain silent on the issue of vicarious liability. Since the suit was decided in favour of the plaintiff by the Sub-judge, it can safely be assumed that there existed a Master-servant relationship between the employees of the town hall and the town, and that the negligent act committed by the town hall employees was during the course of employment. The sub-judge had held the respondents vicariously liable.May it please the HOnourable High Court of Lalitpur. This is counsel number 1089, appearing on behalf of the plaintiff Mrs. Christeena in the matter of Christeena v Municipal Corp. of Lalitpur. At the outset, this counsel would like to request permission to jointly address the bench as Your Honour.Much Obliged, your Honour.I f your Honours are well versed with the facts, this counsel would like to move on to the arguments/ With the permission of your honour, the counsel would like to state the facts of the case. The John Marshall Law Review, 1984, Volume 17, page 873- Negligence and the Elderly: A Proposal for a Relaxed Standard of Care; Barrett, Charles With regard to contributory negligence, I have no case laws to cite your Honour. It is very unfortunate that I have nothing other than moral, humanitarian and ethical grounds to support my plea. In determining the liability of elderly persons, courts have not considered the infirmities brought on by ageing that may render the elderly person incapable of comprehending the risk, or reacting to a dangerous situation as quickly as a younger adult. With increase in age comes in a whole range of related issues like poor sight, hearing, and slow reflexes. When there are separate provisions for contributory negligence of children, it is but fair that we need separate provisions for contributory negligence of the elderly.