Question
Beck recently got her driver's licence and her parents gifted her their old car, a Toyota Camry. Beck's parents warned her that the car had
Beck recently got her driver's licence and her parents gifted her their old car, a Toyota Camry. Beck's parents warned her that the car had not been driven in 2 years and should be checked for a road worthy before she drives it.
On the day of the party, Beck wakes up at 6am to run some errands. Despite her parents warning Beck drives the Toyota to get a costume for her party.
After trying on quite a few costumes, Beck decides on a Cinderella costume, takes it to the counter to pay and asks the cashier "what is the time?" The cashier says that it is 3.30pm. Beck has been trying on costumes for over 4 hours and is running late for her own party.
Beck drives home as quickly as she can, sometimes driving up to 5km over the speed limit. When realising that Beck has taken the Toyota, James immediately calls Beck to tell her to stop driving the car. When hearing her phone, Beck looks away from the road to check who is ringing and is scared when she sees it's her dad. When Beck looks up from her phone the lights have turn red and Beck tries to slam on her brakes. The brakes fail and Beck collides with Mick, another driver who was following the traffic rules.
As a result, Mick has a fractured rib and damage to his car. The medical expenses equate to $1000 and the car is a write off. While in the hospital, Mick's friend Eileen feels bad for Mick and gives him some marijuana to help with the pain. Later on, Mick develops a drug addiction and seeks treatment for this.
REQUIRED:
Advise Mick as to whether he would be successful in negligence against Beck. Please explain fully, using relevant legal authority.
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