Luke had just obtained his driving licence and borrowed his father’s car to take his girlfriend Jane on a trip to the coast. Luke and Jane got into the car whilst Jane’s mother Amy saw them off from the balcony of her flat. Jane turned around in the front seat to wave to her mother. To do so she took off her safety belt and twisted around. Luke was trying to show off by pulling away at such a high speed that he left black tyre marks on the road. He got distracted by Jane’s movement and because he was travelling so fast, he lost control of the car, and it crashed into the pavement and a tree. Jane was flung through the windscreen and obtained multiple broken bones and severe lacerations to her face. Luke, who was wearing his seatbelt, suffered only a few bruises.
Jane will have to undergo extensive cosmetic surgery and the doctors told her that although they would do the best they can, there was unfortunately no way she would be able to continue pursuing her dream of becoming a fashion model. Jane was due to sign, the day after the crash, a modelling contract which would have earned her £2million. Because of her injuries she now cannot pursue this.
Amy, Jane’s mom, saw the whole accident from the balcony of her flat. Seeing her teenage daughter flung through the windscreen of the car and then severely injured gave her a massive shock. She became so depressed that she had to stop working as a primary school teacher. Her GP diagnosed her with post traumatic stress disorder.
Advise Luke as to his possible liability and defences in negligence.
please help don't know hot to get started.
Tort C/W Watch
- Thread Starter
- 30-01-2015 14:39
Offline19ReputationRep:Community AssistantPS Reviewer
- Community Assistant
- PS Reviewer
- 01-02-2015 22:39
At the most basic level you need to separate out what the most important facts are (there's a lot of bumph in there). Then draw up a table, maybe headed "Cause of Action" and "Remedy" in the columns. An action may be, for example "Negligence", for which the remedy is Damages. And so on.
Then start your analysis.