Law of Negligence: Case Studies

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1. Alan was driving down a quiet country road in his new sports car, well over the speed limit. Bev pulled out of her drive, not looking properly, straight into the path of Alan's car. Alan braked, skidded and crashed in Bev's car. Bev was badly injured, though the damage to Bev's car has been estimated at £6000. Advise the parties as to any claim they may have in law. To establish a prima facie case for negligence, the plaintiff must prove that the defendant owed plaintiff a duty of reasonable care, which defendant breached, thus causing damage to the plaintiff. In order words, to prove negligence, the following elements must be proved: 1. The existence of a duty on the part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff against an unreasonable risk of injury automobile drivers have a duty to drive with reasonable caution so as to avoid collision with pedestrians, other cars, or property, which would cause injury and damage. Any time a driver gets behind the wheel and drives, there is a foreseeable risk that he could crash into something or someone and bring about harm. Thus, all drivers owe a duty of reasonable care to others with whom they might come into contact. Here, as auto drivers, both Alan and Bev owed each other a duty of reasonable care. Although Alan was driving along a quiet country road and might not have been expecting other vehicles, when a driver is on any road, there is always a reasonable

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