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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 Subjudge, 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.

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