Question
1.According to the police report, Mona Lisa, an art dealer, was speeding down a steep gradient of Leach Highway to make a business appointment in
1.According to the police report, Mona Lisa, an art dealer, was speeding down a steep gradient of Leach Highway to make a business appointment in Fremantle.In her car was an expensive painting of a dingo (worth at least $50,000) called the "Dingo" by a famous local artist, Allen Bond. At the same time, further in front, a petrol truck towing a trailer and owned by a small local trucking company ("Lori Trucks") was also heading in the same direction but climbing up a steep gradient of the highway.The truck was fully loaded. Just as the truck reached the summit of the slope, its trailer unit disengaged. The trailer came hurtling straight back down the road towards Mona Lisa. Mona Lisa, because of her speed, was unable to stop or take adequate evasive action and was badly injured in the subsequent collision.Police investigation revealed that separation of the trailer from the truck occurred because of some failure of the hook-up mechanism due to metal fatigue from normal wear and tear. The trailer involved in the accident had been in use for 21 years; just outside the Department of Transport recommended rating of 20 years for safe and effective working life of such trailers. Mona Lisa was badly injured in the accident, her car was a write-off and the painting was burned. Mona Lisa is now suing Lori Trucks for the full damages she suffered as a consequence of the accident. Mona Lisa wants to claim:
- $250,000 for the injuries she suffered.
- $40,000 for her car (she had no insurance for it).
- $50,000 for the painting "Dingo" (that was not insured).
Advice Mona Lisa if she can successfully establish liability and consider too, any defences that Lori Trucks may put up to completely or partially reduce their liability.
can you please help me how can i solve this question using irac approach as this is contract and tort law question.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started