Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

The exit from Opal Ltds loading dock is via a poorly lit alley between two buildings. The alley crosses a footpath before emerging into the

The exit from Opal Ltds loading dock is via a poorly lit alley between two buildings. The alley crosses a footpath before emerging into the main street. Drivers and passing pedestrians have difficulty seeing one another and Opal Ltd has, therefore, put a large sign near the end of the alley reading, Drivers must sound horn. It also considered placing convex mirrors on the side walls of the buildings at the end of the alley so that drivers could check for approaching pedestrians but discarded the idea because it would have been very expensive and because no-one else does it anyway. Phil, who had just made a delivery to Opal Ltd, drove out of the alley sounding his horn as he did so. Unfortunately, Quinlin, a profoundly deaf pedestrian who was approaching the entrance to the alley at the time, did not hear the horn and, as Phil emerged from the alley, his truck struck Quinlin and injured him badly. Required: Are either Opal Ltd or Phil liable to Quinlin in negligence? Analyse each element of the tort of negligence with reference to relevant case laws in support of your answer. (15 marks)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Introduction To Government And Not For Profit Accounting

Authors: Martin Ives, Laurence Johnson, Joseph R. Razek, Gordon A. Hosch

6th Edition

0132366355, 978-0132366359

More Books

Students also viewed these Accounting questions