$\frac{2}{3}$

$93\%$

Case$4$

One afternoon, the plaintiff $(P)$ and her husband were out driving for picnic together with their three children. They pull$-$over in a lay$-$by$,$ a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, $Mr.$ Berry $($D$),$ was driving recklessly and crashed into the couple's van, where the plaintiff's husband and the other children were preparing. The plaintiff's husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long$-$term "morbid depression", consequently.

Question $1$: Please state the four basic elements of negligence.

Question $2$: Plaintiff sued Mr$.$ Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasons.

Case$5$

The Province of Saskatchewan hired a courier to deliver an envelope to a land registry office in British Columbia $($BC$).$ Unknown to the courier company, the envelope contained a document relating to land owned by the plaintiff. If delivered on time, the document would have enabled the plaintiff to complete the sale of its land. The courier company was unreasonable slow and delivered the document too late. Consequently, the plaintiff was unable to perform the contract of sale, and it suffered a loss of huge amounts.

Issue: The Plaintiff sued the courier company for the loss suffered as well related incidental expenses. Does the action of the Plaintiff prosper? Please state your reasons.