Vince owns a farm and has had fuel stolen from the property on several occasions during the night. He decides to stay awake one night to catch the thieves.

When the car arrives the driver, Jed has the intention of stealing some fuel.

Vince throws a large rock that breaks the passenger side window of the thieves' car and hits the head of the passenger Sue, who was lying asleep on the front seat. Sue suffers a severe head injury. Sue did not know that Jed was intending to steal petrol.

a)Does Vince owe a duty of care to Sue and if so why?

b)If Vince does owe a duty of care has he breached his duty?

c)Are there any defences to reduce Sue's claim?

d)Are there any similar cases that assist your arguments?

e)If Jed had also been injured would he have a claim against Vince?