Background Facts

The Adult Plaintiff who suffered when his son (The Infant Plaintiff) was involved in an accident. The
Adult Plaintiff did not seen the accident but only heard it from some distance away, and had come to
the scene of the accident shortly after its occurrence.

Legal Issues/Action

The case relating to an accident which occurred to the infant Plaintiff, Robert Arthur Boardman in
19th August of 1955. The Writ was not issued until the 15th July of 1957 and the case did not come
on for hearing until the 20th January of 1960. There was delay between the time of the accident and
the hearing due to considerable congestion in the Civil Lists at Newcastle

Defense

The appeal of the Defendant based on two grounds:

1. There is no negligence on the part of the Defendant

2. The negligence was on Mr. Keel who was superintending the process of backing the ear out
of the garage

Judgement and reasons

Based on the Defendant appeal, the judges learn that the Defendant was negligence. The judge
decided that the person who was in charge of the car, should takes the responsible. The court has no
reason to question the Defendant was guilty of some negligence. As a result of that negligence, this
small boy was hurt.

Explanation about negligence related to the case

When the defendant began to back his car out of the garage, he was paying no attention to what
was happening on his near-side and as to who was on his near-side. It cause the infant Plaintiff
injured on his foot and because of the circumstances of this accident the adult Plaintiffsuffered some
shock.

The similarity and the difference between case Boardman v. Sanderson and case Hay or Bourhill v.
Young

The similar between case Boardman v. Sanderson:

1. The leading cases on this question of injury by shock

2. Both of the Plaintiff didn’t see the accident happen, only saw the result of the accident

The different between case Boardman V. Sanderson was the area of contemplated danger. On the
Boardman v. Sanderson cases, the area was not in contemplated danger while on the Hay v. Young
the area was in contemplated danger.

5 (Five) legal terms in that case, explain the meaning with your own sentences

1. Negligence means harm causes by carelessness

2. Evidence means the information which be use on the court to prove something
3. The Writ means a formal written order

4. Third Party means people who not have direct connection but might be affected by it

5. Plaintiff means a person who brings a case in the court

Make a summary of the case : max 100 words

The infant Plaintiff at that time was eight years old and he was left in the courtyard by his father. His
father adult Plaintiff was on the office to pay his friend garage fees. In the meantime the Defendant
began to back his car out of the garage. And the infant stand near to the side of car door,
unfortunately the driver attention was on the other side. The infant foot trapped under the near-
side front wheel, and later the adult Plaintiff suffered some symptoms of shock.