Case study -problem-solving exercise

Problem scenario, students are required to identify the relevant issues, state the applicable principles of law, supported by authority, and apply the law to the given facts to arrive at a conclusion.

Scenario

Michael is driving home one afternoon when the sun is low enough to obscure his vision at some angles. As he reaches one of those spots, he realises he does not have his sunglasses on. He reaches to get them from the backseat, without stopping. When he looks back at the road, he can’t see much at all. He decides not to stop as he knows that stretch of road and will be able to see in a few seconds, but he slows down. Sam and Mary are plaing in the road on their

skateboards to relax after their university exams, in front of their father’s house. Their father Alex, is having a tea party in the garden. When Sam and Mary see Michael’s car approaching they just have time to avoid being run over but Sam leaves her skateboard in the road and Mary drops her cell phone. Michael does not see any of this and drives over the skateboard and the cell-phone breaking them both. Alex sees all this and is so frightened he drops a tray with most of a very expensive tea set on it. All the items on the tray are smashed.

Required: Advise Sam and Mary and Alex as to whether they, or any of them, would have a successful claim in Negligence against Michael. Identify the relevant legal principles and apply them to this situation.

Sample Solution

ACED ESSAYS