Scenario

A month ago,Aaban was diagnosed with a blood sugar disorder which occasionally makes him liable to sudden blackouts. Whilst driving home at night last weekin torrential rain,Aaban suffered a blackout and lost control of his car.Aaban's car veered off the road and hit a wall. Debris from Aaban's car was scattered on the road.

Baha was driving his new car along the same stretch of road. Baha wanted to test the acceleration of his car. As a result, he was speeding excessively. As a result of this excessive speed, Baha was too late in applying his brakes and hit the debris fromAaban's car. In consequence, Baha's car veered out of control and hit another car being carefully driven by Cressida. As a result of the crash, Cressida sustained cuts and bruises and an injury to her leg. At the time, Cressida was not wearing a seatbelt and could have avoided any injury if she had worn one.

Cressida was taken to hospital, where she received careful treatment. Unfortunately, Cressida suffered from a rare allergy (of which no one was aware) to a painkiller administered at the hospital . As a consequence of this allergy, Cressida has developed a painful skin condition.

Task

Answer all parts of this task. Each part carries equal weight. Explain, by reference to relevant caselaw, whether:

1. on the assumption thatAaban owed Cressida a duty of care in the tort of negligence,Aaban has breached this duty.

2. on the assumption thatAaban has breached his duty of care to Cressida, this breach of duty will be considered a cause of Cressida's injuries.

[Note: You are not required to consider Baha's liability, if any, for Cressida's injury].

3. Cressida will be unable to recover damages in the tort of negligence fromAaban for Cressida's painful skin condition on the basis that this damage is too remote.

4. Aaban will have any potential defence to a claim by Cressida on the basis of Cressida's failure to wear a seatbelt.