The exit from Opal Ltd's loading dock is via a poorly lit alley between two buildings. The alley crosses a footpath before emerging into the main

street. Drivers and passing pedestrians have difficulty seeing one another and Opal Ltd has, therefore, put a large sign near the end of the alley

readina. 'Drivers must sound horn'. It also considered placina convex mirrors on the side walls of the buildings at the end of the allev so that

drivers could check tor approachina pedestrians but discarded the idea because it would have been verv expensive and because no-one else

does it anyway. Phil, who had just made a delivery to Opal Ltd, drove out of the alley sounding his horn as he did so. Unfortunately, Quinlin

profoundly deaf pedestrian who was approaching the entrance to the alley at the time, did not hear the horn and, as Phil emerged from the alley,

his truck struck Quinn and injured him badly

Required.

Are either OpalLtd or Phil lable to Quin in in nealigence? Analvse each elements of the tort of nea igence with reference to re evant

case laws in support of your answer.