Question 3

Tweety was a trainee driver who had just obtained his driver's license. When driving on a stormy day, he narrowly failed to stop at a pedestrian crossing and so hit Tom, a pedestrian who was crossing the road. Although the impact was slight it still threw Tom to the ground. Tom had been suffering from a medical condition meaning that his bones were very fragile, so after the accident, he sustained several fractures as a result.

Required:

(a) Explain what is a "tort" making specific reference to the tort of negligence

(b) Explain whether Tweety is in breach of duty of care in relation to Tom

(c) Explain whether Tom's pre-existing medical condition affects any liability on Tweety's part