Commercial Law

Francis is very interested in motorcycles and he likes to ride at high speed sometimes even exceeding the legal speed limits. He owns a Suzuki GSX-R600 and he likes to race it along the road. Whenever he sees other motorcycles on the road he could always challenge them to race with him. Francis was working for Jolly Good Food Delivery" as a delivery man. He works at the Woodlands branch. One Friday at about 5p.m., while he was on duty at work, he had to attend to a delivery of sea food at Avenue 4 Woodlands. He got onto his motorcycle with the sea food. While he was negotiating a bend at Avenue 9 Woodlands Road, a Honda motorcycle zoomed passed him. Francis got excited and raced after the Honda motorcycle. Francis was riding so fast that he lost control of his motorcycle and hit Rosemary who was crossing at the Pedestrian crossing and the traffic lights which were in her favor. The impact of the collision made Rosemary fall and break her arm, as well as suffering bruises on both her hands and face. She was taken to The Khoo Teck Puat General Hospital by Ambulance. Rosemary wishes to know if an action on the basis of Tort of negligence can be taken against Francis and whether his employer "Jolly Good Food Delivery" can be made liable? (20 marks)