{ "key_pair_value_system": true, "answer_rating_count": "", "question_feedback_html": { "html_star": "", "html_star_feedback": "" }, "answer_average_rating_value": "", "answer_date_js": "2024-06-20T23:11:02-04:00", "answer_date": "2024-06-20 23:11:02", "is_docs_available": "", "is_excel_available": "", "is_pdf_available": "", "count_file_available": 0, "main_page": "student_question_view", "question_id": "3378991", "url": "\/study-help\/questions\/lw203-2022-torts-law-i-tutorial-1-week-2-introduction-3378991", "question_creation_date_js": "2024-06-20T23:11:02-04:00", "question_creation_date": "Jun 20, 2024 11:11 PM", "meta_title": "[Solved] LW203 2022: Torts Law I Tutorial 1 (Week | SolutionInn", "meta_description": "Answer of - LW203 2022: Torts Law I Tutorial 1 (Week 2): Introduction to Torts Instructions: Carefully read the following problem | SolutionInn", "meta_keywords": "lw203,2022,torts,law,tutorial,1,week,2,introduction,instructions,carefully,read", "question_title_h1": "LW203 2022: Torts Law I Tutorial 1 (Week 2): Introduction to Torts Instructions: Carefully read the following problem scenario and answer the provided questions. Alofa", "question_title": "LW203 2022: Torts Law I Tutorial 1 (Week 2): Introduction to Torts", "question_title_for_js_snippet": "LW203 2022 Torts Law I Tutorial 1 (Week 2) Introduction to Torts Instructions Carefully read the following problem scenario and answer the provided questions Alofa is employed as a project officer at the Kuluku Foundation, a registered non government organisation (NGO) in Samoa All mandatory deductions (income tax, superannuation and ACC) are made from Alofa's salary On 13 December 2021, Alofa and her colleagues, Maria and Samu, attended a consultation held in a rural village located on the southern part of the main island of Upolu The Kuluku Foundation had hired a minivan taxi from the Fast'n'Furious Taxi Stand for an entire day for the purposes of transporting the group to and from the consultation The consultation took longer than anticipated and the group began their return back into Apia around 5 00 PM Alofa noticed that Moa, the taxi driver, was driving exceedingly fast but she said nothing as she was keen to get home to her family About halfway through their journey, Moa turned a dark corner too fast and narrowly missed hitting a car that was travelling in the opposite direction In his efforts to avoid hitting the other car, Moa lost control of the vehicle and it flipped over on the side of the road Moa, Maria and Samu were not seriously injured in the crash Alofa, on the other hand, had not been wearing a seatbelt and was thrown from the vehicle She suffered serious injuries to both of her legs and has been confined to a wheelchair since the accident Alofa was diagnosed with severe depression and refused to visit a psychiatrist or physical therapy As a result of this, her injuries worsened Alofa has approached you seeking legal advice What injuries have been suffered by Alofa Physical injury to legs causing possible permanent disability, mental stress and depression Who should be held responsible for the injuries suffered by Alofa It can be seen that the driver is responsible for causing the accident due to his own negligence and reckless driving However, facts show that Alofa had neglected to put on her seatbelt and had beforehand noticed Moa's reckless driving but choose to ignore it knowing the dangers it could put them in What avenues could Alofa pursue to remedy her injuries What are the pros cons of pursuing those avenues and what would she be able to recover by pursuing those avenues If Alofa received compensation under the ACC Scheme of Samoa, would she be able to instigate a civil claim against any tortfeasors Why why not If Alofa were to choose to pursue civil action against any tortfeasors, what might she be able to claim compensation for Are there any factors that might prevent a finding of liability decrease the amount of damages claimable ", "question_description": "
LW203 2022: Torts Law I<\/strong><\/p> Tutorial 1 (Week 2): Introduction to Torts<\/strong><\/p> <\/p> Instructions:<\/strong>Carefully read the following problem scenario and answer the provided questions.<\/p> Alofa is employed as a project officer at the Kuluku Foundation, a registered non-government organisation (NGO) in Samoa. All mandatory deductions (income tax, superannuation and ACC) are made from Alofa's salary.<\/p> On 13 December 2021, Alofa and her colleagues, Maria and Samu, attended a consultation held in a rural village located on the southern part of the main island of Upolu. The Kuluku Foundation had hired a minivan taxi from the Fast'n'Furious Taxi Stand for an entire day for the purposes of transporting the group to and from the consultation. The consultation took longer than anticipated and the group began their return back into Apia around 5:00 PM. Alofa noticed that Moa, the taxi driver, was driving exceedingly fast but she said nothing as she was keen to get home to her family. About halfway through their journey, Moa turned a dark corner too fast and narrowly missed hitting a car that was travelling in the opposite direction. In his efforts to avoid hitting the other car, Moa lost control of the vehicle and it flipped over on the side of the road.<\/p> Moa, Maria and Samu were not seriously injured in the crash. Alofa, on the other hand, had not been wearing a seatbelt and was thrown from the vehicle. She suffered serious injuries to both of her legs and has been confined to a wheelchair since the accident. Alofa was diagnosed with severe depression and refused to visit a psychiatrist or physical therapy. As a result of this, her injuries worsened.<\/p> Alofa has approached you seeking legal advice.<\/p> Physical injury to legs causing possible permanent disability, mental stress and depression.<\/p> It can be seen that the driver is responsible for causing the accident due to his own negligence and reckless driving. However, facts show that Alofa had neglected to put on her seatbelt and had beforehand noticed Moa's reckless driving but choose to ignore it knowing the dangers it could put them in.<\/p> <\/p> <\/p>