Question
Mike hires a mountain bike from the Steadywheels Mountain Bike Park and goes for a ride on one of the mountain bike trails in the
Mike hires a mountain bike from the Steadywheels Mountain Bike Park and goes for a ride on one of the mountain bike trails in the Park. Even though Mike's safety helmet is in the boot of his car, he neglects to put on his helmet before he goes for the ride. Along a steep part of the trail, the front wheel of the rental bike suddenly comes off. Mike falls and sustains serious injuries. It transpires that David, an employee of Steadywheels, had not fastened the front wheel of the bike properly when he had serviced it. In addition, it transpires that Mike's injuries would have been substantially less serious if he had worn his helmet. Mike wants to institute a delictual claim against Steadywheels. 1. share opinion on the feasibility of such a claim: (a) You may accept that Steadywheels will argue that there was no fault on its part and will not contest the other elements of delictual liability. (b) In addition, you should also consider whether any defence is available to Steadywheels and what the effect of such a defence, if available, would be. (c) Furthermore, you should give an opinion on the fact that Mike's claim will be instituted against Steadywheels, rather than David
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