QUESTION 8

One-night Rodrick accepts a lift to work from one of his chefs, Sam, who has had his driving license for only 2 weeks. On the way to work it starts raining heavily and Sam appears to have trouble keeping his vehicle on the road. Rodrick asks Sam to slow down, but he continues driving at the speed limit. Shortly afterwards, Sam loses control of the vehicle and hits a telegraph pole. Both Rodrick and Sam are injured.If Rodrick were to sue Sam in the tort of Negligence, would he be likely to succeed? In your answer focus on whether or not Sam could rely upon any defenses.