Alex and Bianca were looking forward to the birth of their second child soon. They were already the proud parents of Xavier, who was 7. Alex and Bianca were due to attend a routine ante-natal appointment at the local hospital on Monday morning. They waved Xavier goodbye, and watched him walk down and across the road, where he was due to follow the pavements along the side of the quiet streets which led to his primary school. They waited until Xavier was out of sight, and then went back into their house to get ready. Unbeknown to Alex and Bianca, Xavier rarely kept to the streets on his way to school. Instead, he preferred to cut across a steep grassy field (owned by Yolande County Council), and around which there were erected a dilapidated fence and several ‘Do Not Trespass’ signs. The field was criss-crossed with narrow dirt pathways, worn into the grass by those in the neighbourhood who chose to ignore the signs and fence and use the field as a shortcut. Also in the field were some old and disused ladders lying around, the smallest of which Xavier was able to drag up against tree trunks and climb into the lower branches of the trees. On Monday morning, Xavier was once again crossing the field on his way to school when he stumbled over a protruding bit of ladder half-buried in a pathway. He fell over, and rolled down the steep slope in an uncontrolled manner. He crashed into a pile of old ladders and other disused equipment lying at the foot of the slope and suffered extensive injuries. Meanwhile, Alex drove Bianca to the ante-natal appointment, but on the way, was involved in a car accident, in which he made a right-hand turn in front of oncoming traffic. Carl slammed into Alex’s car, and the collision between the two vehicles spun both around violently. Neither Carl nor Alex was injured in the accident. However, Bianca immediately felt a very strong abdominal pain and she was rushed to hospital. She underwent immediate scans which showed that the foetus was suffering from acute distress, and the baby (named Deidre) was born prematurely. Deidre survived, but suffered from serious physical disabilities which are attributed to the injuries which she suffered as a consequence of the car accident. Bianca suffered a broken arm too. Alex was distraught over the injuries to Bianca and Deidre. He was administered a strong sedative, Xalta, by Dr Low whilst at the hospital. Thereafter, Alex’s breathing became laboured, and he turned blue. Tests showed that he suffered from hypoxic shock as a result of the medication. In fact, Xalta was not recommended for men who were also on blood-thinners (as Alex was), but Dr Low was not aware of that prohibition and had not read the pharmaceutical warnings. The sedative Relax was much more commonlyprescribed, and had no equivalent contra-indications for those who were taking bloodthinners. Assume that (1) Alex concedes that he was responsible for the car accident with Carl; (2) Dr Low concedes that, if he was in breach (which he denies), Xalta caused Alex’s hypoxic shock; and (3) Dr Low’s expert witness Dr Fielding will state that Xalta and Relax were ‘inter-changeable in a hospital setting’. Advise the parties as to any rights and liabilities arising in Tort.

Alex and Bianca were looking forward to the birth of their second child soon. They were already the proud parents of Xavier, who was 7. Alex and Bianca were due to attend a routine ante-natal appointment at the local hospital on Monday morning. They waved Xavier goodbye, and watched him walk down and across the road, where he was due to follow the pavements along the side of the quiet streets which led to his primary school. They waited until Xavier was out of sight, and then went back into their house to get ready. Unbeknown to Alex and Bianca, Xavier rarely kept to the streets on his way to school. Instead, he preferred to cut across a steep grassy field (owned by Yolande County Council), and around which there were erected a dilapidated fence and several ‘Do Not Trespass’ signs. The field was criss-crossed with narrow dirt pathways, worn into the grass by those in the neighbourhood who chose to ignore the signs and fence and use the field as a shortcut. Also in the field were some old and disused ladders lying around, the smallest of which Xavier was able to drag up against tree trunks and climb into the lower branches of the trees. On Monday morning, Xavier was once again crossing the field on his way to school when he stumbled over a protruding bit of ladder half-buried in a pathway. He fell over, and rolled down the steep slope in an uncontrolled manner. He crashed into a pile of old ladders and other disused equipment lying at the foot of the slope and suffered extensive injuries. Meanwhile, Alex drove Bianca to the ante-natal appointment, but on the way, was involved in a car accident, in which he made a right-hand turn in front of oncoming traffic. Carl slammed into Alex’s car, and the collision between the two vehicles spun both around violently. Neither Carl nor Alex was injured in the accident. However, Bianca immediately felt a very strong abdominal pain and she was rushed to hospital. She underwent immediate scans which showed that the foetus was suffering from acute distress, and the baby (named Deidre) was born prematurely. Deidre survived, but suffered from serious physical disabilities which are attributed to the injuries which she suffered as a consequence of the car accident. Bianca suffered a broken arm too. Alex was distraught over the injuries to Bianca and Deidre. He was administered a strong sedative, Xalta, by Dr Low whilst at the hospital. Thereafter, Alex’s breathing became laboured, and he turned blue. Tests showed that he suffered from hypoxic shock as a result of the medication. In fact, Xalta was not recommended for men who were also on blood-thinners (as Alex was), but Dr Low was not aware of that prohibition and had not read the pharmaceutical warnings. The sedative Relax was much more commonlyprescribed, and had no equivalent contra-indications for those who were taking bloodthinners. Assume that (1) Alex concedes that he was responsible for the car accident with Carl; (2) Dr Low concedes that, if he was in breach (which he denies), Xalta caused Alex’s hypoxic shock; and (3) Dr Low’s expert witness Dr Fielding will state that Xalta and Relax were ‘inter-changeable in a hospital setting’. Advise the parties as to any rights and liabilities arising in Tort.