Marco is driving his car along a road at night. He is very drunk but he has his headlights on and is travelling in a straight line at 60 km/h which is the speed limit. Sasha is driving her car in the opposite direction. Her stereo is on full blast and she turns it down only long enough to make a call on her mobile to her boyfriend. She does not see the markings on the road because she is distracted.She drives across the centre of the road and collides head on with Marco's car. Both drivers are badly injured.

Explain the elements of the tort of negligence and how they would apply to this situation. In your answer, explain what you think would be an appropriate apportionment of liability between Marco and Sasha?