Discuss whether or not liability can be imposed in the following cases:

1. Charlotte is employed as a courier for Regal Mail plc. On a Sunday, she uses a company van to give

her friend a lift to the airport.

On the return trip home, she decides to make a number of deliveries

to locations between the airport and her house. After making one such delivery, she negligently

crashes into a car being driven by Pat.

2. The lifts at BioTech's main office have begun to malfunction. BioTech engages LiftFix Ltd to repair

and service the lifts, solely on the ground that LiftFix claimed they could repair and service the lifts

for 50 per cent of the cost of any of their rivals.

The contract between BioTech and LiftFix states that

LiftFix are to be regarded as independent contractors. LiftFix repairs are negligently performed and,

as a result, one of the lift cables snaps and the lift plummets to the bottom of the lift shaft, killing its

occupant, Damian.

After investigating further, BioTech discovers that LiftFix has been sued on

several occasions for negligence.

3. Charles is employed as a doorman by Lion Lion plc, a company that owns a chain of nightclubs

throughout the UK. One night, whilst working at one of Lion Lion's clubs, he is alerted to a drunken

customer who has been kicking the toilet doors and has caused substantial property damage.

Charles ejects the customer, but in doing so, he breaks the customer's arm.

Would your answer differ if Charles had been expressly prohibited from manhandling troublesome customers?

Discuss the imposition of liability and the availability of any defences in the following situations:

1. Gabrielle, a five year-old girl, is riding the new bicycle she received for her birthday. She is being

supervised by her father, but she is not wearing a helmet. Lawrence, a drunk-driver, sees Gabrielle

on the road, but is slow to administer the brakes. The car, whilst moving at around 5 mph, collides

with Gabrielle. Unknown to Lawrence, Gabrielle suffers from Osteogenesis Imperfecta, a rare

medical condition that causes her bones to be extremely brittle. As a result, the injuries she suffers

are much more serious than would normally be the case for a collision at so low a speed. Had she

been wearing a helmet, she would still have sustained the same level of injury.

2. Hannah has spent an evening with friends at the Student Union bar. She has been drinking and,

although she is not drunk, she could be described as 'merry.' Not wishing to walk home in the rain,

she accepts a lift with Hywel, whom she knows has drunk a considerable amount of alcohol. Hannah

does not put on her seat belt. Whilst driving home, the car collides with another vehicle and

Hannah is rendered paralyzed. Would your answer differ if Hannah was extremely drunk?

3. Matthew was the getaway driver for an armed robbery. Whilst driving away from the bank,

Matthew's car is involved in an accident with another vehicle, being driven by Amy. Although

Matthew was driving quickly, the accident was the result of Amy's negligent driving. Matthew and

his fellow criminals sustain severe injuries.