UJUUKU-30-2: Law of Torts Scenario A month ago, Akiva was diagnosed with a blood sugar disorder which occasionally makes him liable to sudden blackouts. Whilst driving his car to work last we

• Scenario

A month ago, Akiva was diagnosed with a blood sugar disorder which occasionally makes him liable to sudden blackouts. Whilst driving his car to work last week, Akiva suffered a blackout and lost control of his vehicle. Akiva’s car veered across the road and hit a lamppost. Wreckage from Akiva’s car was scattered onto the roadway. Some of this wreckage hit a passing pedestrian, Colin, causing serious cuts to Colin’s shoulders and neck.

Bjorn was driving his car along the same stretch of road. Bjorn’s attention was distracted by his young children traveling in the back of the car. As a result, Bjorn was too late in applying his brakes and collided with the wreckage from Akiva’s car. Bjorn’s car skidded and hit Ellie, a 13-year-old pedal cyclist. Ellie, who was not wearing a cycle helmet, struck her head on the curb of the pavement and suffered a fractured skull.

Colin was taken to hospital, where he received careful treatment. Unfortunately, Colin suffered from a rare condition of which no one was aware. In consequence of this rare condition, Colin’s injuries in the accident resulted in Colin permanently losing his hearing.

• Task

Answer all parts of this task. Each part carries equal weight. Explain, by reference to relevant case law, whether:

1. on the assumption that Akiva owed Colin a duty of care in the tort of negligence, Akiva has breached this duty.
2. on the assumption that Akiva has breached his duty of care to Ellie, this breach of duty will be considered a cause of Ellie’s fractured skull.
3. Colin will be unable to recover damages in the tort of negligence from Akiva for Colin’s loss of hearing on the basis that this damage is too remote.
4. Akiva will have any potential defence to a claim by Ellie on the basis of Ellie’s failure to wear a cycle helmet.

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