Jock is an elderly man who uses a mobility scooter to transport himself to the shops. He often rides the mobility scooter on the footpath.

On his way to the shops he goes around a corner travelling quite slowly and collides with a young man, Mathew, who is running at the time and not looking where he is going. Mathew badly injures his leg. A witness tells Jock that Mathew looked to be drunk as he had staggered out of a bar just five minutes earlier and smelled of alcohol when he was being treated for his injured leg.

a)Does Jock owe Mathew a duty of care? If so why?

b)If Jock has a duty of care has he breached that duty? Give your reasons

c)Does Jock have any defences if he was found negligent?

d)If Jock was riding his mobility scooter at a dangerous speed according to witnesses, how would that change your answer?

e)Are there any issues for insurance cover for Jock? What insurance policy might cover him for his negligence?