Question
Betrice was working in her garden at home. She noticed a large spider next to a rock she was about to move. She trapped the
Betrice was working in her garden at home. She noticed a large spider next to a rock she was about to move. She trapped the spider in a glass jar and placed a lid on the jar.
She had recently heard some friends discussing a new reptile/spider park. It seemed that the reptile/spider park needed to have a constant supply of spiders in order to produce antivenin for people who were unfortunate enough to be bitten by a spider. Betrice decided to take the spider to that new park in the hopes of the spider being of some value to their activities. She knew that it was important that spiders be presented quickly after being captured to be of much value.
Betrice quickly ran to her car and sped off. Whilst Betrice was driving along the highway she had to brake suddenly. The jar carrying the spider smashed. Betrice panicked and swerved her car.
Dick, who was travelling in excess of the speed limit on his way to a business appointment, did not notice Betrice's car until it was too late to take evasive action. The two cars collided. Jannet, who was a passenger in Dick's car had moments before taken off her seat belt as she was reaching for something on the back seat of that car.
Dick and Betrice's cars are both extensively damaged and both have suffered personal injuries. Because she was not restrained by a seat belt, Jannet has very extensive injuries as she was thrown forward through the windscreen.
Advise Betrice, Dick and Jannet of any rights or liabilities they may have in the tort of negligence ONLY and discuss the likelihood of success of each of these actions and appropriate defences which may be raised.
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