Question
Ben visually inspects his trailer before attaching it to his car. It appears to be in good condition. When delivering a load of rubbish to
Ben visually inspects his trailer before attaching it to his car. It appears to be in good condition. When delivering a load of rubbish to the tip the tow bar snaps and the trailer hits a vehicle coming the other way. A subsequent examination shows fine cracks in the tow bar from metal fatigue which were only visible once exposed to ultra violet light. Ben is:
A)Not liable for the damage to the other vehicle because he has not breached the duty of care owed in the circumstances.
B) Not liable for the damage to the other car because this type of accident is not foreseeable.
C)Liable for the cost of the damage to the other vehicle because he has a duty not to cause harm to others
D) Liable for the damage to the other car for policy reasons such as road safety and this type of accident is preventable.
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