Question: User David is an experienced fireman working with the Fire and Rescue NSW . On 2 7 Nov 2 0 2 3 , he drove
User
David is an experienced fireman working with the Fire and Rescue NSW On Nov he drove a fire and rescue vehicle at a very high speed from Sydney to Darlinghurst to provide emergency services urgently. David saw a car with a red provisional driving plate in front of him blocking the way. The car was driven by Peter who was very nervous and panicked at that moment. David did not slow down the speed of the fire and rescue vehicle but continued flashing the lights and sounding the bell at all times. Peter was very stressful and turned his car to the right giving the way to the fire and rescue vehicle to drive through. Unfortunately, his car collided with a lamp post suffered from serious injuries with two broken legs. It was found that Peter forgot to wear the seat belt. Afterwards, he was sent to a hospital for medical treatments for one month and paid medical expenses of $ As such, Peter was unable to attend the final examinations at a university and failed all four units. He paid the repeat tuition fees of $ Peter is seeking your advice whether he can take any legal actions against David to claim for the medical expenses of $ and the repeat tuition fees of $
REQUIRED:
Discuss whether David owed a duty of care to Peter.
Discuss whether David breached his duty of care.
Discuss whether the harm suffered by Peter was caused by the breach of duty of care.
Discuss whether David could rely on any defence.
What is your final conclusion and advice to Peter?
You have to use the IRAC method Issue Rule, Application and Conclusion and must refer to the relevant case law under the law of torts to answer the questions.
Step by Step Solution
There are 3 Steps involved in it
1 Expert Approved Answer
Step: 1 Unlock
Question Has Been Solved by an Expert!
Get step-by-step solutions from verified subject matter experts
Step: 2 Unlock
Step: 3 Unlock
