Luke works as a food courier for a company called "2 Your Door ". He delivers the meals on a bicycle.

"2 Your Door" gives training to new couriers about the road rules including informing them that it is an offence to ride a bicycle on a footpath if you are 18 years or over. 

Luke is delivering a meal at 10 o'clock at night on a busy road so he uses the footpath. As he is riding along the footpath Elton who has been drinking walks from an unlit laneway and collides with Luke's 

bicycle and breaks his arm. Luke was travelling at a normal speed but failed to see Elton emerge from the dimly lit laneway.

 

1. Does Luke owe a duty of care to Elton?
2. Has he breached his duty of care? 
3. Can Elton or Luke join "2 Your Door" to the proceedings? On what basis? 
4. Does Luke have any defences?

Answer rating: 100% (QA)

1 In legal terms for Luke to owe a duty of care to Elton it must be reasonably foreseeable that his ... View the full answer