Negligence in a Car Accident: Duty of Care, Breach, Causation, and Defenses

Coursework Scenario

Coursework Scenario A month ago, Akiva was diagnosed with a blood sugar disorder which occasionally makes him liable to sudden blackouts. Whilst driving his car to work last week, Akiva suffered a blackout and lost control of his vehicle. Akiva’s car veered across the road and hit a lamppost. Wreckage from Akiva’s car was scattered onto the roadway. Some of this wreckage hit a passing pedestrian, Colin, causing serious cuts to Colin’s shoulders and neck. Bjorn was driving his car along the same stretch of road. Bjorn’s attention was distracted by his young children travelling in the back of the car.

In consequence of this rare condition, Colin’s injuries in the accident resulted in Colin permanently losing his hearing. Coursework Task Answer all parts of this task. Each part carries equal weight. Explain, by reference to relevant caselaw, whether:

1) On the assumption that Akiva owed Colin a duty of care in the tort of negligence, Akiva has breached this duty.

2) On the assumption that Akiva has breached his duty of care to Ellie, this breach of duty will be considered a cause of Ellie’s fractured skull. [Note: You are not required to consider Bjorn’s liability, if any, for Ellie’s injury].

3) Colin will be unable to recover damages in the tort of negligence from Akiva for Colin’s loss of hearing on the basis that this damage is too remote.

4) Akiva will have any potential defence to a claim by Ellie on the basis of Ellie’s failure to wear a cycle helmet.

A month ago, Akiva was diagnosed with a blood sugar disorder which occasionally makes him liable to sudden blackouts. Whilst driving his car to work last week, Akiva suffered a blackout and lost control of his vehicle. Akiva’s car veered across the road and hit a lamppost. Wreckage from Akiva’s car was scattered onto the roadway. This wreckage hit a passing pedestrian, Colin, causing severe cuts to Colin’s shoulders and neck.

Bjorn was driving his car along the same stretch of road. Bjorn’s attention was distracted by his young children travelling in the back of the vehicle. As a result, Bjorn was too late in applying his brakes and collided with the wreckage from Akiva’s car. Bjorn’s car skidded and hit Ellie, a 13-year-old pedal cyclist. Ellie, who was not wearing a cycle helmet, struck her head on the kerb of the pavement and suffered a fractured skull.

Colin was taken to hospital, where he received careful treatment. Unfortunately, Colin suffered from a rare condition of which no one was aware. In consequence of this rare condition, Colin’s injuries resulted in Colin permanently losing his hearing.

Answer all parts of this task. Each element carries equal weight. Explain, by reference to relevant case law, whether:

1) On the assumption that Akiva owed Colin a duty of care in the tort of negligence, Akiva has breached this duty.

2) On the assumption that Akiva has breached his duty of care to Ellie, this breach of responsibility will be considered a cause of Ellie’s fractured skull.

3) Colin will be unable to recover damages in the tort of negligence from Akiva for Colin’s loss of hearing on the basis that this damage is too remote.

4) Akiva will have any potential defence to a claim by Ellie based on Ellie’s failure to wear a cycle helmet.

As students of this module, guidance and tuition will have provided you with relevant information and background knowledge to complete this assignment.

Formative feedback and support during the module

Formative feedback provides opportunities to reflect on your ongoing work and preparation for your assignment.

Workshop sessions will provide an opportunity for ongoing verbal feedforward on approaching the issues raised by the coursework task. Under the 'Assignments' link on the Law of Torts Blackboard site, there are two additional resources:

1. A link to a video recording created by the Academic Success Centre on how to answer and structure answers to a problem question;
2. A PowerPoint presentation on referencing and OSCOLA.

In addition to individual feedback (see ‘Final feedback and marks release’ below), generic feedback on the cohort’s performance in the assessment will be provided after the submission deadline for this coursework.