Joe, a canadian concert pianist, was walking down the street when he was struck by Harry, a skateboarder, knocking him down and crushing his hand. When Joe sued Harry for his negligence, claiming the loss of income from his profession (he could never play piano again), Harry countered with the defence that there is no way he could have anticipated that the person he was going to hit was a concert pianist.

1. Was Harry negligent? Identify and describe each of the four elements of negligence, specifically making reference to the legal tests for each, and apply those elements to this fact scenario.

2. If you conclude that Harry was negligent, explain his likelihood of success in raising the defence that he did.