Question One

Yvette was cycling along a busy main road. Yvette was travelling back from seeing her

good friend, Harriet. They had shared a bottle of wine between them. As she cycled

through a red light, which she didn't notice because of her intoxicated state, she was hit

by a car driven by Barney, who was exceeding the speed limit and was, therefore, unable

to stop in time. Yvette was knocked to the ground and both her legs were badly broken.

A policeman who attended the scene of the accident explained to Yvette that they may

have to consider prosecuting her for riding a bicycle whilst unfit to do so because of

intoxication.

Yvette was taken to hospital where Dr Coles carried out an operation to mend her broken

bones. The operation carried a very small. but recognised, risk of nerve damage (3- 4%).

Due to the risk being so small, Dr Coles did not mention this to Yvette. Unfortunately for

Yvette, although Dr Coles carried out the operation carefully, the nerves in her left leg

were damaged, which meant that her right leg could sometimes give way under her.

A month after leaving hospital, Yvette was bringing into her house a microwave oven which

she had lent to her mother, when her right leg gave way. As a result, she dropped the

microwave, which broke. Yvette also broke her wrist in the fall.

Advise Yvette as to her remedies, if any, in tort and any defences which any

possible defendant may try to rely upon.