Question
Marie and Alex were passengers in Nick's car. Nick started to drive very fast over the speed limit and lost control of his car. The
Marie and Alex were passengers in Nick's car. Nick started to drive very fast over the speed limit and lost control of his car. The car crashed into a tree and as a result, Marie suffered two broken legs. She was taken to the local hospital for treatment and incurred large medical bills. She also missed a week of work because of her injuries and so lost wages.
Which ONE of the following statements would represent the Application part of IRAC in relation to the above question?
a.
We first need to determine whether Nick owes Marie a Duty of Care. This means that we must determine whether drivers and passengers (ie. road users) are in an established category for a Duty of Care.
b.
Is Nick liable for Marie's injuries and loss of wages?
c.Marie's injuries were due to Nick's careless driving and he must pay her financial compensation for her medical costs and lost wages.
d.
Can Marie recover financial compensation from Nick for her injuries?
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