Question
Subra and Ling are best friends.Recently, Ling purchased a brand new Maserati Levante Trofeo.Subra asked Ling if it would be ok to test drive the
Subra and Ling are best friends.Recently, Ling purchased a brand new Maserati Levante Trofeo.Subra asked Ling if it would be ok to test drive the Maserati one day, and Ling agrees, provided Ling could sit in the passenger seat.They decide to go for a drive on the M1, and Subra asks Ling if he can 'give it some'.Ling says 'go for it, but not too crazy', so Subra puts his foot to the floor.Unfortunately, whilst passing a truck at over 240km/h, the back end of the Maserati clips the front of the truck and the car spins out of control, careering off the road and smashing into a barricade.Subra suffers serious spinal injury (paraplegia), but Ling is very fortunate, escaping serious injury, with only a broken arm.Ling suffers nervous shock when she sees the condition of Subra in the car, thinking that he was dead.She suffers psychiatric illness in addition to extreme guilt about Subra's condition.
Advise Ling whether Subra owes her a duty of care and whether the damage is too remote. (10 marks)
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