Question4

Dylan, who recently passed his driving test, decides to drive into town. The music was loud, and

Dylan was texting on his smart phone whilst driving his car. At the junction of Abbey Road, he did

not realise that the lights had turned red for the pedestrians to cross. He knocked into Hannah who

was walking across the road without looking for oncoming cars. Hannah suffered a broken leg and

injured her shoulder because of the accident. Advise Hannah on the course of action against Dylan

under the law of tort and explain any defences that Dylan would be able to raise. Support your answer

with the relevant case laws.

Question 3

Sandra is a fashion designer. She appoints Demi to sell her products with instruction that Demi must

not sell the dresses below RM500 each and Demi would receive RM100 commission for every dress

sold. Sandra also pays Demi RM1,000 per month to store her large stock of dress in Demi's storage

shed.

One day, the roof of Demi's shed leaked badly and most of the dresses were damped by rainwater.

Demi is afraid that Sandra's dresses would be damaged and unsaleable if left in that condition. Demi

tries to contact Sandra about the matter but she is unable to reach Sandra who is away in London.

Demi then decided to sell off half of the stock of dresses at RM300 each to her neighbours.

Sandra is furious when she returned to Malaysia and discovered what Demi had done. Besides that,

Sandra also heard from her designer friends that Demi had been selling her own range of dresses that

are based on Sandra's designs.

Advise Sandra as to whether there is an agency contract between her and Demi when Demi sold the

dresses for RM300 each and also whether she can sue Demi for selling her own range of dresses.