3. Quin ton owns a flower shop. One night he is driving his delivery van when he

Question

3. Quin ton owns a flower shop. One night he is driving his delivery van when he sees some friends walking down the street. Quinton honks his horn and waves in an attempt to get their attention. Unfortunately, he does not see Susan’s car parked illegally on the side of the road with a flat tire. Quinton collides with the parked car. Is Quinton liable for negligence (please discuss all four elements needed to prove a case of negligence)? Discuss fully the concepts that may prove his negligence as well as any defenses he might raise against the owner of the car.

Explanation / Answer

Ans:

Quinton is partially responsible for the negligndence happen as Susan's car was parked illegaly and Quinton also waived towards his friends while driving on road so because of this illegal parking of car accident happens so this is clear case of comparative negligence for Quinton.

There are all four elements of negligence present in this case:

Duty: It was duty of Quinton he driving and should not get his hand of his car.

Breach: Quinton breached his duty of care and failed to act in certain way that could have stopped accident.

Cuasation: Action of Quinton caused the accident.

Damages: As Quinton's car collided with illegal parker car it can harmed anyone who was in car or around that car.

Quinton can prove his defences as Susan was partial liable for accident and due to illegal parked car this accident happened.

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