Prajit Chachaj had his driver's licence suspended for one year because of careless driving. During the suspension,
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Question:
Prajit Chachaj had his driver's licence suspended for one year because of careless driving. During the suspension, he drove anyway. One day an oncoming car driven by Madison Balmelero crossed over the road because Balmelero was momentarily distracted. Her car hit Chachaj's car, causing $10,000 damage to each car.
Chachaj wants to sue Balmelero. Will he be successful?
- Did Balmelero owe a duty to Chachaj?
- Did Balmelero breach the standard of care?
- Did Balmelero's breach, if any cause the accident?
- Assuming Balmelero was found liable to Chachaj, would Balmelero have any defences?
What if a bee had flown into the open window of Balmelero's car, stinging her and causing her to lose control of the car so that she crossed over the centre lane and crashed into Chachaj's car? Would Balmelero be responsible for the damage to Chachaj's car? Which element, if any, of negligence is missing?
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