Safiya was a learner driver. She was taking lessons from a licensed trainer Munira & Company Trainers. Munira the trainer accompanying Safiya checked and confirmed that Safiyas insurance covered her for passengers before agreeing to start to her first training session. During one of the lessons Safiya lost control while trying to take a turn. Munira told her to straighten the wheel but Safiya panicked and failed to do as asked. She approached the pavement and Munira grabbed the handbrake and tried to straighten the wheel, but it was too late. She mounted the pavement and hit a lamp post. Munira sustained injuries which included a fracture in her right leg and Scrapes and Cuts some serious and some minor. She also broke her GUCCI eyeglasses and lost her Rolex make wristwatch. Munira was hospitalized for 10 days. When she returned from the hospital, she realized that 10 of her trainees had left and joined her competitor. Munira was planning to add two more cars to her fleet as she had submitted her bid for a government training contract. Munira had to delay her decision. Apart from Munira there were 65 other bidders.

Based on the sequence of events described in the above scenario, answer the following questions:

1. By using relevant law to support your answer explain whether Munira can sue Safiya? Assuming that, Munira has a valid claim against Safiya advise her on the determination of her damages. You may use relevant case law to support your answer (1mark + 4 marks = 5 Marks)

2. Explains the elements of negligence Munira will have to prove while making a claim against Safiya (You may use relevant case law to support your answer. (6 marks) 5

3.Explain the defenses available to Safiya if she decides to defend herself against Muniras claim. You may use relevant case law to support your answer. (5 marks)