After doing Ming's tax return, Emma is starving. She asks one of the junior accountants in her firm, Malik, to go get her a sandwich from a nearby shop. Wanting to keep his boss happy, Malik agrees. He decides to drive to the shop to show her how efficient he can be. He drives fast, over the speed limits, and is distracted by his phone which is buzzing repeatedly with constant notifications of work emails from Emma. Just as he arrives at the sandwich shop, he looks down to check an email and hits a pedestrian who was looking down at her own phone and had inadvertently walked straight onto the road. An employee of the sandwich shop, Anjali, runs out when she hears the crash. Fortunately, the pedestrian appears to have suffered minor injuries only and is sitting on the curb rubbing her back when Anjali appears. But Anjali still screams and goes into shock. She suffers acute mental distress and has to quit her job at the sandwich shop. Questions: a. What legal claim could the pedestrian bring against Malik? b. Could the pedestrian bring a legal claim against Emma's accounting firm? On what basis would Emma's firm be responsible? c. What are the legal elements the pedestrian would have to satisfy? d. Go through each element and explain whether each element is satisfied and why. e. What defence could Malik put forward to reduce his liability and why? f. If Anjali wanted to bring a negligence claim against Malik for her mental distress, do you think she would be successful? Why/why not? What element of the legal test do you think she may have difficulty satisfying?