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 reading, ‘Drivers must sound horn’. It also considered placing convex mirrors on the sidewalls of the buildings at the end of the alley so that drivers could check for approaching pedestrians but discarded the idea because it would have been very 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, a 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 Quinlin and injured him badly.

Required:
Are either Opal Ltd or Phil liable to Quinlin in negligence? Analyze each element of the tort of negligence with reference to relevant case laws in support of your answer.

Answer rating: 100% (QA)

The elements of the tort of negligence are that the defendant must owe the plaintiff a duty of care ... View the full answer