Name: Kamrul Islam
Answer to the Question No: 1
In the case in question, Barbara who was driving her new car in a busy street during peak hours in Parramatta. Barbara was following the traffic rules she just happened to use her phone to message a friend when Moo, a pedestrian who was crossing the road without waiting for the traffic light to change, was hit by Barbara's car and was knocked down. Moo is in this incident and had fractured his leg and suffered a gash on his head. It is also pertinent to mention that Barbara knocked Moo down while she was checking her phone to massage a friend. Seeing this Alice who was present during the accidence and on witnessing the same has suffered a nervous breakdown which has affected her social life. Both Moo and Alice proceeded to sue Barbara for negligence and claim damages for the loss suffered by them.
Will Moo and Alice be successful in suing Barbara for negligence?
What are the defenses Barbara can apply will she be liable for negligence?
RULES AND APPLICATIONS
Under the Law of Tort the definition of the term negligence is the act or omission in doing something by reasonable person who under the guidance that regulates the conduct of the basic human affairs. The act of doing something or would be doing something which a reasonably prudent man would commit (Blyth v Birmingham Waterworks Co.). A reasonable person shall under the law of Torts mean a person possessing ordinary prudence and intelligence. It is a term used by the court to provide standard objective evaluation against the defendant. It is upon the plaintiff in a suit for negligence against the defendant to prove before the court that the defendant has complied with...