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Prajit Chachaj had his driver's licence suspended for one year because of careless driving. During the suspension, he drove anyway. One day an oncoming car

Prajit Chachaj had his driver's licence suspended for one year because of careless driving. During the suspension, he drove anyway. One day an oncoming car driven by Madison Balmelero crossed over the road because Balmelero was momentarily distracted. Her car hit Chachaj's car, causing $10,000 damage to each car.Refer to paralegal code of conduct , law society act with sections and subsections included as well .

Part A Chachaj wants to sue Balmelero. Will he be successful? Answer the following questions to justify your conclusion.

  1. Did Balmelero owe a duty to Chachaj?
  2. Did Balmelero breach the standard of care?
  3. Did Balmelero's breach, if any cause the accident?
  4. Assuming Balmelero was found liable to Chachaj, would Balmelero have any defences?

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