Law of tort - negligence

Billy-Bob was a bus driver. He found his job very boring and so, he decided to see if he could use the handbrake turn his bus at the traffic lights. He checked to see if any passengers were on board but he could see anyone. He went up to the traffic lights and promptly crashed into a passing car. No one in the car was hurt but Billy-Bob was unaware that there was a passenger in the back of the bus. The passenger was seriously hurt but was only discovered by a member of the public when the bus made a scheduled stop.

Meanwhile, at the scene of the accident, a witness was suffering convulsions as a result of observing the bus crashing into a car. This witness later died due entirely to the shock caused by this incident.

Advise the passenger and the next of kin of the witness on their ability to begin an action in negligence against Billy-Bob.

A.REQUIRED

(i)Explain the legal tests for establishing whether or not a duty of care exists in negligence.(6 marks)

(ii)Apply these tests, and advise the passenger and the next of kin of the witness on their ability to begin an action in negligence against Billy-Bob.(8 marks)