Question
David recently got his driver's licence and his parents gifted him their old car, a Lexus RX 450. David's parents warned her that the car
David recently got his driver's licence and his parents gifted him their old car, a Lexus RX 450. David's parents warned her that the car had not been driven in a very long time and should be checked for a road worthiness before he drives it. On the day of his birthday party, David wakes up early to run some errands. Despite his parents' warning, David drives the Lexus to get a costume for his party. David is delayed at the costume shop and is now running late for his own party. He quickly jumps into the car and begins to drive home as quickly as he can, sometimes driving up to 10km over the speed limit. When realising that David has taken the Lexus, Febbian immediately calls David to tell his to stop driving the car. When hearing his phone, David looks away from the road to check who is ringing and is scared when he sees that it is his father. When David looks up from his phone the traffic lights have turned red and David tries to stop the car. The brakes fail and David collides with another car driven by Sophia, who was following the traffic rules. As a result, Sophia has a fractured rib and damage to her car. The medical expenses equate to $3000, and the car is written off. While in the hospital, Sophia's friend Farahh feels bad for Sophia and gives her some marijuana to help with the pain. Later, Sophia develops a drug addiction and seeks treatment for this.
REQUIRED:
With reference to relevant legal principles, use the IRAC legal problem-solving approach to advise Sophia as to whether he would be successful in a common law negligence claim against David. Please explain fully, using relevant legal authority. Please, provide two relevant cases/precedents in Australian Law.
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