The law of tort & business

Format: Case study Negligence – problem scenario, students are required to identify the relevant issues, state the applicable principles of law, supported by authority, and apply the law to the given facts to arrive at a conclusion. （ILAC method)

Question: Mike is walking on the sidewalk, on his way to the bus stop. He passes Jo’s house which has a nearly invisible driveway due to a number of bushes and trees lining it. Just then, Jo reverses out of her driveway and hits him with her car. Mike is moderately injured, his guitar he was carrying is damaged and his coat is torn but he gets up and when Jo apologises, he says “well, you will have to pay for my broken guitar and my coat is torn and of course there will be some medical expenses”. Jo apologises again, they exchange phone numbers and Jo gives Mike a lift home. Jo comes to you for advice. What would her liabilities be in the tort of Negligence in this situation? Identify the legal issues, set out and apply the relevant case law and reach a conclusion based on the law.