Question 3

It was late at night and very wet, and rather than wait for a taxi to take her home, Anne was only too happy to accept a lift from Miguel. Miguel smelt strongly of alcohol and had trouble keeping the vehicle on the road. Anne decided to continue the journey as it was raining very heavily. Shortly afterwards, Miguel lost control of the vehicle and hit a tree, leaving both Anne and himself seriously injured.

Required:

1. Will Anne be able to successfully sue Miguel in negligence?

2. What does Anne need to establish in order to succeed in such an action?

3. Are there any defences that Miguel could raise under the civil liability law in relation to Annes negligence claim? Explain your answer.