Discuss whether Stephen owes a duty to Arthur and whether such duty has been breached under the law of negligence. (Do NOT discuss other elements of negligence or any criminal offences.) Use relevant cases and legislation to support your answer.
Arthur was driving his car from Port Fairy to Geelong. Just outside Geelong in an 80 kph stretch of road, he heard sirens sounding and saw a police car with flashing blue lights in his rear view mirror. The police car, driven by Stephen, was travelling at 130 kph and on its way to a serious incident, where an armed man was holding a family hostage in their own home. It was raining at the time. Arthur slowed down when he heard the siren. Stephen overtook Arthur but the police car skidded due to the wet road conditions. There was a serious collision between the two vehicles, which resulted in Arthur being hospitalised for two months due to serious injuries to his spine and lower limbs.
Discuss whether Stephen owes a duty to Arthur and whether such duty has been breached under the law of negligence. (Do NOT discuss other elements of negligence or any criminal offences.) Use relevant cases and legislation to support your answer.
Trending now
This is a popular solution!
Step by step
Solved in 2 steps
