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Jason had been at a work Christmas party and he had drunk 8 beers. He decided to drive home as it was raining heavily outside.
Jason had been at a work Christmas party and he had drunk 8 beers. He decided to drive home as it was raining heavily outside. Kylie was also at the Christmas party and saw that Jason was having a good time and a little drunk. Jason lived in the same suburb as Kylie. As it was raining heavily Kylie asked Jason if she could get a lift home. Jason smelled of alcohol and started driving erratically on the way home. He lost control of the car on a corner and crashed into a tree injuring himself and Kylie. Does Jason owe Kylie a Duty of care? Has Jason breached his duty of care? Are there any defences Jason can raise in the matter to reduce or limit Kylie's claim? If another driver had forced Jason off the road as he/she was on the incorrect side of the road would that alter your answer and how
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