Introduction to Business Law (BUS101) TRIMESTER 1 2022

EXTRA TUTORIAL on law of negligence (in study week)

Read these facts then answer the questions which follow

• Neil was selected in the training squad for the Australian cricket team for the Twenty20 World Cup.
• Neil hoped that securing a place in the team would lead to profitable sponsorship deals with sporting goods companies.
• One evening, after a training session, Neil and a team mate stayed for a few alcoholic drinks to celebrate being selected for the squad. The team mate then offered to drive Neil home.
• Neil could not remember how many drinks he or his team mate had consumed (but he knew it was at least three); however, he was keen to get home so he accepted the offer.
• As they were driving, Neil unbuckled his seat belt to be able to adjust the air conditioning in the car.
• Another car, being driven by a student delivering pizzas to a party, failed to give way at a roundabout to the car Neil was in and which had right of way.
• The student driver had been told by his employer at the pizza shop to hurry because the pizzas were already late for the party.
• The car driven by the student collided with the car Neil was in; Neil's team mate lost control and their car ran off the road and hit a pole.
• Neil was thrown out of the car and suffered serious neck and back injuries. He was forced to withdraw from the Twenty20 World Cup squad.
• Neil wants to claim compensation from the student driver for the cost of his medical treatment and loss of his expected sponsorship earnings as a professional cricketer on the Twenty20 World Cup squad.

The questions

	Question	Answer
1	To bring a negligence claim against the student driver Neil must show he is the student driver's LEGAL NEIGHBOUR. Why would Neil be considered to be the student driver's legal neighbour?
2	Did the student driver have a DUTY OF CARE to Neil? If you answer YES, what was his duty of care?
3	In what way did the student driverBREACH HIS DUTY OF CARE to Neil?
4	Neil might not receive full compensation because of twoactions by him. What were those two actions and what are the LEGAL NAMES for each of them?	Action 1
Action 2
5	Why would Neil not be likely to receive compensation for his lost sponsorships and what is the LEGAL NAMEfor this?
6	If Neil also brings a successful claim against the student driver's employer (for instructing the student driver to hurry) what is the LEGAL NAME for this type of liability?
7	If Neil also brings a successful claim against his team mate (the driver) for driving the car after drinking alcohol, what is the LEGAL NAME for this? [2 marks]