Martin is employed as a bicycle courier by Speedy Drop couriers. Speedy Drop couriers is a large Marks courier business that operates 24 hours a day, 7 days a week. It has a fleet of delivery vans, as well as a system of deliveries by bicycle. Speedy Drop couriers has helmets, high visibility vests and bike lights for use by its bicycle couriers. Bicycles are also provided, but couriers are permitted to use their own bicycle. Martin rides his own bicycle to work, so chooses to use his own bicycle for deliveries. Martin's bicycle does not have bike lights. A sign in the workplace states: "Safety equipment must be used at all times during bicycle delivery shifts". Martin's supervisor does not check to see if the couriers are using the safety equipment, so Martin does not bother. Martin is paid a bonus per delivery and can normally do an extra delivery if he starts straight away without putting on the equipment at the start of a shift and having to return it later. Unfortunately, during a late night shift, Martin is hit by one of the delivery vans on the Speedy Drop premises, near the loading area. Martin falls off his bicycle and breaks his arm, suffers medical expenses totalling $1,200, and a loss of income of $7,500, as he is unable to work for 8 weeks due to his injuries. An investigation into the matter confirms that Martin was not using the safety equipment at the time of the accident, and the driver of the van, who was reversing at the time, did not see Martin. Martin did not see the van because he was checking his mobile phone. The investigation reveals that bicycle riders and van drivers share the same driveway entry into the premises, there is no separate bicycle lane marked out, and the driveway is poorly lit. The investigation finds that this type of accident has never happened before at Speedy Drop couriers in more than 15 years of operations. Advise Martin about his prospects of success in an action against Speedy Drop couriers in the tort of negligence. Please discuss all elements of a negligence action and any defences that might apply. Please ensure that you use relevant legal principles and authority in support of your answer (ie: cases and legislation). 16:33 w week 6 - HiE. evigilation.mon. 2021/6/7 10 Busin.. P Week 6 Lecture