Question 1 (13 marks)

Jake owns a farm. Over the last two weeks he has had fuel stolen from the property. He decides to stay awake one night to catch the thieves.

When the thieves arrive to steal the fuel Jake throws a large rock that breaks the window of the thieves' car and hits the head of the passenger, Jane who was lying hidden on the front seat. Jane suffers a severe head injury.

a) Does Jake owe a duty of care to Jane and if so why?

b) If Jake does owe a duty of care has he breached his duty?

c) Are there any defences to reduce Jane's claim?

d) Are there any similar cases that assist your arguments?