Question:Farah is driving her car along a road at night. She is very drunk but, despite her drunkenness, she has her headlights on and she is travelling in a straight line at 60km/h, which is the speed limit. Bobby is driving his car in the opposite direction. His stereo is on full blast and he turns it down only long enough to make a call on his mobile phone to his girlfriend. He does not see the markings on the road because he is distracted. He drives across the centre of the road and collides head-on with Farah's car. Both drivers are badly injured.

Explain the elements of the tort of negligence. How would they apply to this fact situation? What do you think would be an appropriate apportionment of liability between Farah and Bobby and the possible defences against negligence available for both parties?