Formative Problem Questions PDF

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Mark Francis and Digby have been in a civil partnership for the last three years. Recently, the couple adopted a daughter, named Louise. From the beginning of their relationship, Mark Francis had been verbally abusive towards Digby calling him names, however, since the adoption of their daughter, Mark Francis started becoming physically abusive towards Digby. PC Toff, with Chelsea Police, attended the flat three times on domestic abuse claims, but Mark Francis was only cautioned. One day after a particularly intense fight, Mark Francis said to Digby that he was leaving and that the next time he caught him alone, he’d kill him. The Chelsea Police were alerted to this incident, but no further action was taken. About a week after the fight, Digby took Louise to a nearby park. Whilst there, Louise started struggling to breathe, wheezing, trying to cough and becoming red in the face and neck. Digby rushed Louise to Chelsea and Westminster Hospital. When they reached the hospital, they were greeted by Olivia, the receptionist. On Louise’s admittance notes, Olivia simply wrote that she was ‘short of breath (mild severity)’ and told to take a seat. Thirty minutes later, Louise collapsed. She was rushed to a treatment room where she was diagnosed as having suffered a severe allergic reaction. Dr Laing administered a high dose of antihistamine and oxygen, however, Louise suffers minor brain damage due to oxygen deprivation. Later that night, Louise is admitted to hospital and Digby returned to his flat to try and get some sleep. Outside, Mark Francis sees Digby enter the flat alone. Moments later, Digby heard a knock at the door and looking through the peephole identified Mark Francis on the other side. Digby immediately called Chelsea Police shouting that his ex-partner was back to kill him. The call receiver, Victoria, told Digby to ‘calm down and that the police are on their way. Until they arrive, you should lock yourself in your flat and don’t leave the premises.’ Hearing Digby on the other side, Mark Francis began banging on the door, trying to get in. Victoria rated the call as ‘immediate attention needed’ and assigned the case to Police Constables Habbs and Mytton, who were approximately one mile away from the flat. Chief Constable Proudlock, however, intercepts the call and reassigns it to PC Toff who was just coming off break approximately three miles away from the flat. By this point, Mark Francis had entered the flat using his key and when PC Toff arrived, she could hear the two men yelling. Before entering the flat, she quickly radioed PCs Habbs and Mytton requesting their immediate assistance. By the time PC Toff got to the flat, Mark Francis had brutally killed Digby. PCs Habbs and Mytton arrive quickly, however, as they made their way up the building’s stairs to locate PC Toff, they collided with Sam who was standing outside his flat on the first floor landing. The collision knocked Sam to the ground where he suffered a broken wrist and kneecap. The police deny and all liability based on the Hill principle. Advise all parties of their rights and liabilities in Tort....