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A student, Jonathan Cilic, finished his semester examinations. He promised to celebrate the occasion with college friends. On a fateful Friday night, he borrowed his
A student, Jonathan Cilic, finished his semester examinations. He promised to celebrate the occasion with college friends. On a fateful Friday night, he borrowed his father's Mercedes Benz motorcar. His five (5) friends (two boys and three girls) boarded the spacious motor car and travelled to a swanky uptown club. One member of the group, Suzie Bates, was just under 18 years old. Inside the club, the group engaged in a drunken revelry. The waiter upon realizing that Suzie was under 18 years old refused to serve her anymore alcoholic beverages. An argument ensued resulting in a brawl. Jonathan and his cronies were thrown out of the club by 'bouncers". Incensed and inebriated they sped away with Jonathan at the wheels. Along the way, he failed to negotiate a corner and collided with an oncoming automobile. The driver, a policeman, suffered a broken arm and a fractured leg. His motor was a mangled wreck. Three of Jonathan's friends suffered bruises and lacerations. In addition, Suzie Bates suffered a whiplash necessitating a short period of hospitalization and the fitting of a neck brace. (A) Is Jonathan guilty of negligence or gross negligence? Give reasons for answer. (4 marks) (B) Outline how the severely injured policeman may file for adequate compensation under a liability suit. (4 marks) (C) What are some of the steps the policeman prosecuting the accident involving Jonathan should take in order to demonstrate negligence? (4 marks) (D) Do you believe Jonathan's friends who suffered minor injuries should sue to obtain liability judgements? Justify your answer. (8 marks)
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