Edwin is a bus driver for Fast Bus Ltd, in Edinburgh. One Wednesday he is on the afternoon shift, taking the bus up South Bridge when he spots a sign for an art event being held in Edinburgh next month. Distracted by the sign, he takes his eyes off the road and fails to see Fergus crossing the road in front of him.

Question:

1. Advise Edwin on his delictual liability to the following people, and justify your answers:

a) Fergus, the student he hits, who breaks his back and is paralysed from the waist down.

b) Flora, a passenger on the bus, who was standing up at the time of the accident and was thrown forward when Edwin braked. She suffered a broken arm;

c) Megan, a passenger on the top deck of the bus, who was panicked by the sight of blood on the road and the screaming. She was so desperate to escape from the bus (although there was no possible danger to her) that she smashed the emergency exit on the upper deck and dropped to the ground below, breaking her ankle.

2. To what extent is Edwin's employer, Fast Bus Ltd, liable for any liability that attaches to Edwin as a result of the accident?