Rupert is an elderly man who uses a mobility scooter to transport himself to the shops. He often rides the mobility scooter on the footpath.

On his way to the shops, he goes around a corner travelling quite slowly and collides with a young man, Elliot, who is not looking where he is going as he is concentrating on a podcast he is listening to with his headphones.

Elliot badly injures his leg.

1. Does Rupert owe Elliot a duty of care? If so, why? 
2. If Rupert has a duty of care has, he breached that duty? 
3. Does Rupert have any defences if he was found negligent? 
4. Are there any cases that support your answer?
5. If Rupert was riding his mobility scooter at a dangerous speed according to witnesses, how would that change your answer? 

Answer rating: 100% (QA)

Rupert owes Elliot a duty of care because he is using a mobility scooter on public footpaths and is ... View the full answer