Negligence Liability for Titanic Disaster: IRAC Analysis

Abstract

IRAC Analysis of the Tort of Negligence by White Star Lines [Name] [University] 22/11/22 Issue Carla Christine Jensen and his fiancé Hans Peder Jensen were executors of each other’s will even though they were not legally married, although they shared their last names. Because of this, Carla stayed in the back of the ship on Deck F with other single women. At the same time, men stayed on the opposite part of the ship. During the Titanic, Hans died, and Carla was suing the owner of White Star Lines for Negligence, causing the death of his fiancée Hans whose body was never found. Carla is the sole heir of Han's property, standing in place of Han to sue the owner of White Star Lines. The suits to White Star Lines are the death of Han, physical injuries while freezing in water, financial loss of his fiancé, and emotional damage attributed to failure and her well-being. Rule Negligence arises when one party owes another party a duty of care but fails to take reasonable care causing damage to the other party. To successfully sue for negligence, one must satisfy the following factors; duty of care, breach of duty, causation, and damage. Duty of care establishes that there is a relationship between the two parties. In this case, White Star lines had a relationship with the passengers in the boat. Duty of care refers to the utmost duty that can be harnessed by aright thinking man in society. Damages and causes show that there is harm and consequences of the injury. The Titanic caused reasonable harm and the deaths of over 1500 people on board. Analysis The three witnesses have given their side of the story. It is a fact that the Titanic had been warned of possible icebergs and the potential danger ahead of them. Officer Lightoller, in his letter to the court, attests that Han was busy helping out in the evacuation process. The impending danger was certain, but the boat did not stop nor change its speed. After the Titanic hit the iceberg, the officers and crew decided to start the evacuation process. Han was top-notch in the evacuation process and was concerned for his fiancée. The legalities in their will certify Carla to sue White Star Lines for negligence and the death of his fiancée. The White Star Lines Company owed a duty of care to all the passengers on the unsinkable Titanic, but they proceeded without heeding the warnings. The passengers had paid considerable money for luxurious top seats and safety in New York City and trusted the company for a safe voyage. White stars owed a duty of care to provide food, accommodation, heat, and a safe journey to their destination. To show causation and damages, the defendant has proved that she was harmed and lost her fiancée. The crew in the boat could have foreseen the damage since operating a ship at high speed at night without heeding the warning signs of icebergs was very dangerous. The negligence of White Star Company caused a series of damages to the plaintiff. The company failed to operate the Titanic effectively, and the crew's behaviour was reckless and slow to danger. The plaintiff suffered the death of his fiancé, emotional damage from the loss, and the traumatic scenes of the Titanic. As she was on a lifeboat, she was frozen...