Read these facts then answer the questions which follow Neil was selected in the training squad for the Australian cricket team for the Twenty20 World Cup Neil hoped that securing a place in the team would lead to profitable sponsorship deals with sporting goods companies One evening, after a training session, Neil and a team mate stayed for a few alcoholic drinks to celebrate being selected for the squad The team mate then offered to drive Neil home Neil could not remember how many drinks he or his team mate had consumed (but he knew it was at least three) however, he was keen to get home so he accepted the offer As they were driving, Neil unbuckled his seat belt to be able to adjust the air conditioning in the car Another car, being driven by a student delivering pizzas to a party, failed to give way at a roundabout to the car Neil was in and which had right of way The student driver had been told by his employer at the pizza shop to hurry because the pizzas were already late for the party The car driven by the student collided with the car Neil was in Neil's team mate lost control and their car ran off the road and hit a pole Neil was thrown out of the car and suffered serious neck and back injuries He was forced to withdraw from the Twenty20 World Cup squad Neil wants to claim compensation from the student driver for the cost of his medical treatment and loss of his expected sponsorship earnings as a professional cricketer on the Twenty20 World Cup squad The questions Question Answer 1 To bring a negligence claim against the student driver Neil must show he is the student driver's LEGAL NEIGHBOUR Why would Neil be considered to be the student driver's legal neighbour 2 Did the student driver have a DUTY OF CARE to Neil If you answer YES, what was his duty of care 3 In what way did the student driverBREACH HIS DUTY OF CARE to Neil 4 Neil might not receive full compensation because of two actions by him What were those two actions and what are the LEGAL NAMES for each of them Action 1 Action 2 5 Why would Neil not be likely to receive compensation for his lost sponsorships and what is the LEGAL NAME for this 6 If Neil also brings a successful claim against the student driver's employer (for instructing the student driver to hurry) what is the LEGAL NAME for this type of liability 7 If Neil also brings a successful claim against his team mate (the driver) for driving the car after drinking alcohol, what is the LEGAL NAME for this 2 marks

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Read these facts then answer the questions which follow

Neil was selected in the training squad for the Australian cricket team for the Twenty20 World Cup.
Neil hoped that securing a place in the team would lead to profitable sponsorship deals with sporting goods companies.
One evening, after a training session, Neil and a team mate stayed for a few alcoholic drinks to celebrate being selected for the squad.The team mate then offered to drive Neil home.
Neil could not remember how many drinks he or his team mate had consumed (but he knew it was at least three); however, he was keen to get home so he accepted the offer.
As they were driving, Neil unbuckled his seat belt to be able to adjust the air conditioning in the car.
Another car, being driven by a student delivering pizzas to a party, failed to give way at a roundabout to the car Neil was in and which had right of way.
The student driver had been told by his employer at the pizza shop to hurry because the pizzas were already late for the party.
The car driven by the student collided with the car Neil was in; Neil's team mate lost control and their car ran off the road and hit a pole.
Neil was thrown out of the car and suffered serious neck and back injuries.He was forced to withdraw from the Twenty20 World Cup squad.
Neil wants to claim compensation from the student driver for the cost of his medical treatment and loss of his expected sponsorship earnings as a professional cricketer on the Twenty20 World Cup squad.

The questions

	Question	Answer
1	To bring a negligence claim against the student driver Neil must show he is the student driver's LEGAL NEIGHBOUR.Why would Neil be considered to be the student driver's legal neighbour?
2	Did the student driver have a DUTY OF CARE to Neil?If you answer YES, what was his duty of care?
3	In what way did the student driverBREACH HIS DUTY OF CARE to Neil?
4	Neil might not receive full compensation because of twoactions by him. What were those two actions and what are the LEGAL NAMES for each of them?	Action 1
Action 2
5	Why would Neil not be likely to receive compensation for his lost sponsorships and what is the LEGAL NAME for this?
6	If Neil also brings a successful claim against the student driver's employer (for instructing the student driver to hurry) what is the LEGAL NAME for this type of liability?
7	If Neil also brings a successful claim against his team mate (the driver) for driving the car after drinking alcohol, what is the LEGAL NAME for this? [2 marks]