Coursework Scenario

A month ago,Akiva was diagnosed with a blood sugar disorder which occasionally makes him liable to sudden blackouts. Whilst driving his car to work last week, Akiva suffered a blackout and lost control of his vehicle.Akiva's car veered across the road and hit a lamppost. Wreckage fromAkiva's car was scattered onto the roadway. Some of this wreckage hit a passing pedestrian, Colin, causing serious cuts to Colin's shoulders and neck.

Bjorn was driving his car along the same stretch of road. Bjorn's attention was distracted by his young children travelling in the back of the car. As a result, Bjorn was too late in applying his brakes and collided with the wreckage fromAkiva's car. Bjorn's car skidded and hit Ellie, a 13 year old pedal cyclist. Ellie, who was not wearing a cycle helmet, struck her head on the kerb of the pavement and suffered a fractured skull.

Colin was taken to hospital, where he received careful treatment. Unfortunately, Colin suffered from a rare condition of which no one was aware. In consequence of this rare condition, Colin's injuries in the accident resulted in Colin permanently losing his hearing.

Coursework Task

Answer all parts of this task. Each part carries equal weight. Explain, by reference to relevant caselaw, whether:

1. on the assumption thatAkiva owed Colin a duty of care in the tort of negligence,Akiva has breached this duty.

1. on the assumption thatAkiva has breached his duty of care to Ellie, this breach of duty will be considered a cause of Ellie's fractured skull.

[Note: You are not required to consider Bjorn's liability, if any, for Ellie's injury].

P.T.O.13-year-olelementcase lawOnOnresponsibilitybased onvehiclesevereThis

1. Colin will be unable to recover damages in the tort of negligence fromAkiva for Colin's loss of hearing on the basis that this damage is too remote.

1. Akiva will have any potential defence to a claim by Ellie on the basis of Ellie's failure to wear a cycle helmet.