Case Study

Louisa usually finishes her full-time job at 5pm and then takes a bus to her part-time job in a call centre where she starts at 6pm. One afternoon she is held back at her full-time job and misses her bus. She rushes to catch the next bus and tries to save time by crossing the street to get to the bus stop more directly, rather than using the pedestrian crossing at the nearest intersection. As Louisa hurries across the street, she is hit by a car running a red light. The car is driven by Kurt who is breath tested at the scene and found to have been driving under the influence of alcohol. Louisa suffers a broken leg. She is unable to return to her jobs for several months.

Advise Louisa if she will be able to successfully sue Kurt in negligence.

1. Does Kurt owe Louisa a duty of care?

2. Did Kurt breach his duty of care?

3. Did Kurt's breach of duty cause Louisa's damages and are those damages not to remote?

4. Does Kurt have any defences to Louisa's claim in negligence?

For each of your answers, apply the IRAC legal analysis structure:

Issue - identify the relevant issue.

Rule - cite the relevant law including references to any relevant cases or legislative provisions.

Application - apply the law to the issue.

Conclusion - draw a logical conclusion based on your application.