Question
Andy and Lars go out for a drive in Andy's car. Andy tells Lars he can drive the car even though he knows that Lars
Andy and Lars go out for a drive in Andy's car. Andy tells Lars he can drive the car even though he knows that Lars doesn't have a licence. Lars is a bit hesitant but Andy assures him its going to be fine.
Unfortunately, Lars comes to an intersection and goes into a panic losing control of the steering. The car is now headed straight for a large pole supporting electric cables. Andy screams at him to stop. Lars slams his foot down, but he slams it onto the accelerator instead of the brake. The car roars as it jumps forward slamming into the pole and causing Andy to be thrown forward (he isn't wearing his seat belt).
Andy's head crashed into the front windscreen and he spends 2 months in a coma in hospital. He has serious injuries and hospital bills estimated to amount to $1,000,000
Andy now wants to sue Lars claiming he was negligent. Lars says its not his fault and that Andy knew he had no licence and had nagged him to drive saying it would be ok.
Explain what Andy needs to prove to be able to bring a claim in negligence. Is there a defense that Lars could use to defend or at least reduce the damages?
Step by Step Solution
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Step: 1
Andys claim of negligence against Lars will be successful if he proves that Lars owed him a duty of care that the duty of care was breached and that t...Get Instant Access to Expert-Tailored Solutions
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