Question
Amanda, who is a doctor, loves her car. She has only had it for 6 months, so always takes it regularly to get it serviced.
Amanda, who is a doctor, loves her car. She has only had it for 6 months, so always takes it regularly to get it serviced. One morning she notices that the left-hand tyre was making an unusual noise, so as she drives to work she stops at her local mechanic, Wheels and Sons Ltd. She shows the car wheel and explains the noise she keeps hearing to Steve, the mechanic. He has a look and promises to fix it, but he would need about half an hour. As Amanda is happy to get her morning coffee, she agrees, smiles and walks off. Steve gets to work by removing the wheel and inspecting the brakes. He then realises the noise is actually coming from behind, so he removes the brakes and finally fixes the problem. While he is still working, Amanda suddenly returns early stating she must leave now because they have an emergency at the hospital where she works. Steve explains that the car is not ready, but Amanda starts getting angry and demands that she has her car back now. Steve feeling under pressure quickly rebuilds the brakes, and puts the wheel back on. Amanda seeing the car looking ready, immediately jumps into it and drives off. Steve suddenly realises that he has forgot to connect the brakes properly, so having known Amanda for many years, he picks up the phone and calls her. Amanda, while still driving sees the call from Steve, and answers the phone. Steve explains that she needs to return immediately, and to not drive over 40km/h. Amanda looks and sees that she is already driving over 45km/h but fails to reduce her speed. At that moment she starts hearing a noise and starts to panic. As a result, she loses control of the car and crashes into a tree, badly damaging the car. However, as she gets out of her car uninjured and walks away, she slips and breaks her hip resulting in a 7-day hospital stay, costing $30,000 in medical expenses. Amanda is unable to work for 8 weeks, and after recovering from the accident she realises she is too scared to drive, so refuses to get into a car for the rest of her life. Discuss Amanda's case in terms of all the elements she needs to be successful in a negligence action againstSteve, and advise Amanda of any possible defences that Steve may use.
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