It was late at night and very wet and, rather than wait for a taxi to take her home from work, Anna was only too happy to accept a lift from Michael. He smelt strongly of alcohol and had trouble keeping the vehicle on the road. Anna decided to continue the journey as it was raining very heavily. Shortly after, Michael lost control of the vehicle and hit a tree, leaving both Anna and himself seriously injured

a.Will Anna be able to successfully sue Michael in negligence?

b.What does Anna need to establish in order to succeed in such an action?

c.Are there any defences that Michael could raise under the civil liability legislation in relation to the claim by Anna?