QUESTION $2$

Aleesya will take part in the $15$ kilometers Amateur Cycling Race in Langkawi this coming

December. She practices cycling alone around the neighborhood area on her old bicycle.

Sometimes she cycles at night using the pedestrian walk along the roads. One night, while

going through the same route, she was knocked down by a motorcycle. The motorcyclist,

Mail claimed he did not see Aleesya on her bicycle since there were no reflectors or lights

from her bicycle. Aleesya broke her leg and wished to sue Mail.

a$)$ Advise whether Aleesya can take legal action against Mail under the law of

negligence.

$(25$ marks$)$

b$)$ Explain any possible defences available to Mail, the motorcyclist.

$(25$ marks$)$