1. establish the four elements of tort in negligence to determine Ainul's liability.

"whether Ainul owed duty of care to Maidin, John, Joan and Nz curry house. then discuss whether the duty of care is breached or not in relation to every party. then discuss whether there is causation and remoteness between Ainul's negligence and damages suffered by Joan, Maidin, and NZ Curry House."

notes : the four elements of tort :

• Duty of Care.
• Breach of Duty of Care.
• Causation
• Recognizable Injury / remoteness

*If its too much, kindly just help me with the duty of care and whether it was breached, and I will just ask another tutor. thank you ? ?

Question: Ainul is an eighteen-year-old learner driver who is driving a motor car along the busy main road, 'equented by pedestrians. Ainul's father, Maidin, supervises the driving lessons. Nevertheless, Ainul ignores Maidin's advice to slow down. Then a pedestrian darted into the road, Ainul had to swerve to avoid him Because of Ainul's Swift turn, another car drove by Joan and carrying John as a passenger changed its direction, climbed onto the pavement, and crashed and damaged the NZ Curry House's frontage. After the accident, Ainul saw that several people have come to the aid of Joan and John. She saw that her father, Maidin has been injured because of her swift turn. So, she did not stop and checked for Joan and John. Instead, she drove off to the hospital without speaking to anyone. These events took only a kw seconds. But she was recognised, and when the police called on her, she admitted the truth of the above facts. It should be noted that section 52 of the Road Transport Act 1987 (Malaysia) provides that if in any case, where a motor vehicle is involved in an accident in which a person is injured or property is damaged, then the driver of the motor vehicle must: a) Stop the motor vehicle; and b) Immediately render such assistance as is necessary. Because of the accident, Maidin and Joan have been seriously injured. Maidin, who had not been wearing a seat belt, suffered head injuries and a broken leg (which he might have avoided by wearing a seat belt) because of Ainul's swift turn. John got off with a few bumps and bruises. However, Joan had a compound fracture of her leg and was taken to the Emergency Unit of a local hospital. There she received treatment for a fractured leg. The attending doctor also gave her an anti-tetanus injection without rst giving her a test dose. Joan, unfortunately, developed a serious allergic reaction, which left her with brain injuries. John was physically unaffected by the accident