- 1 Marks
BCL – L1 – SA – Q20 – Tort
Question
David was negligently driving south on Market Avenue when his car rear-ended a car driven by Patricia. The force of the impact forced Patricia to rear-end Thomas’ car. In turn, the force of the second impact caused Thomas’ car to hit a lamppost, which then fell on a house owned by Paul. The force of the impact scared Paul, causing him to immediately have a heart attack. Paul sues David for negligence. If Paul recovers, the most likely reason is:
A Paul was able to prove that David proximately caused Paul’s injuries.
B Paul was able to prove that the damages he suffered were caused by David.
C Paul was able to prove that David breached a duty of due care owed by David to Paul.
D Paul was able to prove all the above (a, b & c).
Answer
D
Explanation:
To recover for negligence, Paul must prove David owed a duty of care, breached it, proximately caused the injury, and caused damages. The scenario suggests all elements are met, as David’s negligence led to the chain of events causing Paul’s heart attack. Option D, requiring all elements (a, b, c), is correct.
- Tags: Damages, Duty of care, Negligence, Proximate Cause
- Level: Level 1
- Topic: Tort
- Uploader: Samuel Duah