Question
Assume that there was no storm but that Pretty was driving the horse from Cape Town to meet Clive halfway between Cape Town and Johannesburg
Assume that there was no storm but that Pretty was driving the horse from Cape Town to meet Clive halfway between Cape Town and Johannesburg to deliver the horse to him.
Along the drive from Cape Town Pretty stops along the way to meet some friends that he has not seen in some time. He joins them in a pub and has a few beers before proceeding on his journey., The beers make him tired and he falls asleep at the wheel. As a result, he has an accident which causes the death of the horse.
Explain the legal position that now exists between the parties.
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