On his way back from his office, Mykie goes to the nearby pub for a few...

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On his way back from his office, Mykie goes to the nearby pub for a few drinks. He was served by Sukhi, the bar tender at Gobbledegook Pub. Mykie consumed six glasses of beer and two shots of whisky. Around 8 pm, after spending 3 hours in the pub, Mykie is driving his car along a road at night. He seems drunk, but he has his car's headlights on and is travelling in a straight line at 80 kilometres an hour, which is the speed limit on that road. Sonali is driving her car in the opposite direction. She has her stereo on full blast, and she is talking on the mobile phone to her boyfriend. She does not see the markings on the road because she is distracted by the noise inside and outside her car. Sonali drives across the centre of the road and collides head-on with Mykie's car. Both drivers are severely injured. Required Explain the liability of both drivers under the tort of negligence. Discuss how the elements of negligence and defences would apply in this case scenario. In your answer examine the appropriate apportionment of liability between Mykie and Sonali. On his way back from his office, Mykie goes to the nearby pub for a few drinks. He was served by Sukhi, the bar tender at Gobbledegook Pub. Mykie consumed six glasses of beer and two shots of whisky. Around 8 pm, after spending 3 hours in the pub, Mykie is driving his car along a road at night. He seems drunk, but he has his car's headlights on and is travelling in a straight line at 80 kilometres an hour, which is the speed limit on that road. Sonali is driving her car in the opposite direction. She has her stereo on full blast, and she is talking on the mobile phone to her boyfriend. She does not see the markings on the road because she is distracted by the noise inside and outside her car. Sonali drives across the centre of the road and collides head-on with Mykie's car. Both drivers are severely injured. Required Explain the liability of both drivers under the tort of negligence. Discuss how the elements of negligence and defences would apply in this case scenario. In your answer examine the appropriate apportionment of liability between Mykie and Sonali.

Answer rating: 100% (QA)

To explain the liability of both drivers under the tort of negligence its important to understand the legal elements that establish negligence These elements are duty of care breach of duty causation ... View the full answer