Marilyn is run down and injured while crossing a street with no pedestrian crossing. The driver...

Marilyn is run down and injured while crossing a street with no pedestrian crossing. The driver of the vehicle involved in the accident was not keeping a proper lookout for pedestrians and was driving at 70 km/hour in a 60 km/hour zone. Has the driver committed a tort? Can the driver use any defence? Use relevant cases to support the elements of the tort of negligence.

Expert Solution

Tort of Negligence contains five elements :-

Duty:- It includes whether a defendent owed duty to the plantiff. These includes driving at a managable speed. Being vigilant and maintaining a proper control at the vehicle.

Breach of Duty:- Whether a defendant applied or taken due care while exercising his duties.

Cause in fact: This includes that the plantiff has to be prove that the actual cause of injury are due to the actions of defendant.

Proxiamate cause:- It includes the scope. The defendent will be held liable only for that wrong doing , which the defendant could have forseen through his actions.

Damages: This element includes that there must be some damages like injury or loss of property etc.

From the above elements we can say that the driver is required to exercise some due care while looking out while driving and was required to keep a control on speed. but at the same time the driver can also use the defence that the road has no pedesterian crossing.

There are many cases in judiciary where this types situations are judged and the defendant and plantiff are provided with the punishment and justice as the case may be.

ekkarill92 answered 2 years ago

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