First off I took it to mean the proper defendant would be the airline because they caused the damage which she is claiming to suffer from. If she had heard from a reliable source, the claim would nevertheless be against whoever caused the damage.
However, the fact that he wasnt actually injured makes it more likely that the proper D is the radio station, as if they hadn't announced that they were all dead and she had no knowledge of the accident, or had been in contact with robert prior to being informed of it then she would not have an action. If nothing had happened the plane but the station announced that all were killed, Debra could hardly have an action against the airline as they were not at fault in anyway. Therefore, it seems likely that it would be the raidio station as the statement wasn't true. However, if the statement that everyone was killed was true, then an action can only lie against the airline. On 11 Oct, 17:54, Fee <[EMAIL PROTECTED]> wrote: > I don't know the answer to this but my take on it would be that the > proper defendant would be the radio station, because it was pointed > out in Alcock that seeing a disaster on TV could never amount to > sufficient proximity unless they did close ups, which the don't, but > if they did then the TV station would be the right person to take the > action against. So i wonder here if the fact that they said that all > the people were killed would make it comparable to doing the close ups- > as in if it was 80 out of 100 died then she would have no claim as she > wouldn't know they were dead but the fact it was "all" meant that she > knew they were definitely dead... --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.ie/group/FE-1-Study-Group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
