Bob and Karyn were out on a drive on the Federal Highway. Nearing Mid Valley, Bob slowed down as there were construction works for the new LRT system. A crane was being used to carry heavy concrete slabs to the top of the columns placed for the LRT lines, Seth who was operating the crane, was new to the construction site and was not briefed properly by the construction company on safety procedures, as a result, the road was not closed off before the crane was operated. The concrete slab was not secure and fell on to Bob's car. Bob escaped with slight injuries, but Karyn's legs were crushed in the accident.

a) With reference to the above scenario explain the concept of duty of care in the tort of negligence. Refer to relevant case law in your answer. [10 Marks]

b) With reference to relevant case law explain whether there has been a breach of duty of care. [10 Marks]