TOPIC REVIEW ACTIVITY 1: TORT OF NEGLIGENCE

SECTION A: SHORT ANSWER.(10 MARKS)

Please answer the following question using your own words. I will not accept answers that are copied from the slides/textbook /internet. Write the answer based on YOUR understanding of the principles. Each question carries 5 marks.

1.Create ONE (1) example to show your understanding of contributory negligence.

2.What is vicarious liability?

SECTION B: CASE SCENARIO(20 MARKS)

Read the case and answer the question / issue in the case. In answering the case please use the IRAC method. Explanation of the IRAC method is available in the Handbook and Powerpoint that is uploaded in LMS

Husin is driving 100km/hr on a busy city road. Infront of him was a pickup truck that was carrying plastic chairs and several other items. The chairs were stacked high one over the other and a cable tie was used to secure the chairs to the truck.

Suddenly thecable tie snapped open and several chairs fell onto the road. Alarmed, Husin slammed on his brake but his car spinned around and hit the road divider instead. As his car came to a stop, another motorcycle hit his car from behind. The rider, Ben was flung to the ground and hesuffered serious injury from the impact. Husin too sustained cuts and a concussion in the incident.

Based on the scenario above, answer the following:

1.Discuss whether Husin would be successful if he were to sue the truck driver for his injury.(9 Marks)

2.Ben also wants to sue someone for his injury but he is not sure whether he should sue Husin or the pickup truck driver. Explain to Ben the most appropriateaction he should take. (5 Marks)

3.Someone took a video of the accident and posts it online. Ben's wife, Annie happens to see the video, recognised the motorcycle, saw her husband lying on the road bleeding and was so shocked that she fainted. She has been having difficulty sleeping and prone to crying since then. She wishes to sue both Husin and the truck driver for nervous shock. Discuss whether she would be successful. ( 6 Marks)