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BUS107 Commercial Law T2 2017 Assignment A 1, XXXXXXXXXX%) word assignment on a problem question to be submitted electronically via Turnitin by [Day], [Date] [Time] AEST Assignment Question Two...

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BUS107 Commercial Law T2 2017 Assignment A 1, XXXXXXXXXX%) word assignment on a problem question to be submitted electronically via Turnitin by [Day], [Date] [Time] AEST Assignment Question Two friends, Rebecca and Michelle, attended a performance called ‘An Evening with Oprah’ with Oprah Winfrey. A ticketing issue at the box office caused the performance to be delayed by one hour so Rebecca and Michelle passed the time drinking wine together at one of the venues many bars. After the performance, Rebecca realised that Michelle was too drunk to drive but accepted a ride home anyway. When Michelle started driving dangerously, Rebecca twice asked to get out of the car. Michelle continued driving and crashed the car. Rebecca sustained serious injuries including a broken leg. She now wishes to sue Michelle in negligence for her losses. Advise Rebecca. 45 Marks
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BUS107 Commercial Law T2 2017 Assignment A 1, XXXXXXXXXX%) word assignment on a problem question to be submitted electronically via Turnitin by [Day], [Date] [Time] AEST Assignment Question Two friends, Rebecca and Michelle, attended a performance called ‘An Evening with Oprah’ with Oprah Winfrey. A ticketing issue at the box office caused the performance to be delayed by one hour so Rebecca and Michelle passed the time drinking wine together at one of the venues many bars. After the performance, Rebecca realised that Michelle was too drunk to drive but accepted a ride home anyway. When Michelle started driving dangerously, Rebecca twice asked to get out of the car. Michelle continued driving and crashed the car. Rebecca sustained serious injuries including a broken leg. She now wishes to sue Michelle in negligence for her losses. Advise Rebecca. 45 Marks

Answered Same Day Dec 27, 2021

Solution

Robert answered on Dec 27 2021
108 Votes
1

Running Head: LAW
BUS107
2

Facts
According to case, Michelle and Rebecca decided to attend a live show of Oprah
Winfrey. Due to this reason, both friends reached the ticket counter of show, where they
eceived a notice that program will start one hour later. After this, they decided to pass time
in the beer bar where they drunk. Then they participated in the program. Rebecca felt that
Michelle drunk too much and not liable for driving. Michelle ignored her view and drove the
car to drop her at home. Rebecca also warned him twice for not driving, but he did not take
her warning seriously. As a rush driving, Michelle crashed vehicle that caused serious
injuries to her. Due to this, she wants to claim for her loss.
Issues
As per the analysis of case, it can be stated that there are multiple issues which should
have to consider giving advice to her about the claim against Michelle.
Issue 1: Whether or not Michelle owes a duty of care of Rebecca.
Issue 2: Whether or not Michelle
eaches duty of care;
Issue 3: Whether or not injuries to Rebecca is a result of Michelle’s action;
Issue 4: Whether or not Michelle may use defence of contributory negligence;
Issue 5: Whether or not Michelle takes the defence of voluntary risk’s assumption.
Rules
The tort of negligence is applied when a case reflects a principle of duty of care. As
per the above defined issues, there are some rules that will be applied:
Issue 1 (Rule):
As per the tort law, the principle of duty of care ensures the safety or well-being of
others from the action of defending party (Taggart & Squire, 2016). Hence, this law
establishes the moral obligations. Party which owes duty of care has to perform such actions
only that cannot cause harm or loss to the other party. To establish the principle of duty of
3

care, plaintiff should have to...
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