Read these facts then answer the questions which follow Hamid was selected in the training squad
Question:
Read these facts then answer the questions which follow
· Hamid was selected in the training squad for the Australian cricket team for the tour of Pakistan in March.
· Hamid hoped that securing a place in the team would lead to profitable sponsorship deals with sporting goods companies.
· One evening, after a training session, Hamid and a teammate stayed for a few alcoholic drinks to celebrate being selected for the squad. The teammate then offered to drive Hamid home.
· Hamid could not remember how many drinks he or his teammate had consumed (but he knew it was at least three); however, he was keen to get home so he accepted the offer.
· As they were driving, Hamid unbuckled his seat belt to be able to adjust the air conditioning in the car.
· Another car, being driven by a student delivering pizzas to a party, failed to give way at a roundabout to the car Hamid was in and which had right of way.
· The student driver had been told by his employer at the pizza shop to hurry because the pizzas were already late for the party and the employer would pay any traffic fines.
· The car driven by the pizza-delivering student collided with the car Hamid was in; Hamid’s teammate lost control and their car ran off the road and hit a pole.
· Hamid was thrown out of the car and suffered serious neck and back injuries. He was forced to withdraw from the Pakistan tour squad.
· Hamid wants to bring a negligence claim for compensation from the student driver for the cost of his medical treatment and loss of his expected sponsorship earnings as a professional cricketer as a member of the Pakistan tour squad.
1. To bring a negligence claim Hamid must prove he is the LEGAL NEIGHBOUR of the student driver. Why is Hamid the legal neighbor of the student driver?
2. What was the student driver’s DUTY OF CARE to Hamid?
3. In what way did the student driver BREACH HIS DUTY OF CARE to Hamid
4. Hamid might not receive full compensation because by agreeing to be driven home by a friend he knew was affected by alcohol Hamid intentionally took a risk he was aware of. What is the legal name for this?
5. Hamid might also not receive full compensation because by carelessly unbuckling his seat belt in a moving vehicle Hamid put himself at risk of injury. What is the legal name for this
6. For what reason might Hamid not receive compensation for loss of his expected sponsorship earnings as a professional cricketer
7. What is the legal name for the reason, in question 6, that Hamid might not receive compensation for the loss of his expected sponsorship earnings.
8. What action by the student driver’s employer has made him also liable for Hamid’s injuries?
9. For what reason would the employer’s action in question 9 make him liable for Hamid’s injuries?
10. What is the legal name for the type of claim which could be made by Hamid against the student driver’s employer?
Business Law Principles and Practices
ISBN: 978-1133586562
9th edition
Authors: Arnold J. Goldman, William D. Sigismond