Each question is hypothetical and is based in the U.S.

1.David is driving within speed limits down a four-lane street where there are children playing. Kevin, a 15-year-old, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process, he hits a car, driven by Peter, that was over speeding past him in the left-hand lane going in the same direction. Peter loses control of his car, hits a telephone pole and is seriously injured.

If Peter wants to sue Kevin for his injuries under negligence:

A) What elements should Peter establish? Apply those to the facts and explain.

B) Does David have any defenses against Peter's claim? Explain. (4 points)