LAW514 Assignment 2 Semester 2, 2018 Case Study A small group of friends had been studying hard and.

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LAW514 Assignment 2

Semester 2, 2018

Case Study

A small group of friends had been studying hard and decided to attend a party in the Darwin

CBD on the Saturday night of April 8 th . The group of 4 included Vera, Grace, Than and Leon. They share accommodation near Casuarina which is in the Darwin suburbs. To get themselves into ‘party mood’ they had some drinks before leaving Casuarina in Leon’s car around 10pm. Leon said he knew some of the people who would be at the party. The other three weren’t so sure they would know anybody there, but were ‘up for it’.

At the party the four separated, agreeing to meet up the next day. Vera and Grace left early (before 12 midnight) and got a cab home. Than decided to stay longer as she met someone she liked. However, she had far too much to drink and left the party alone around 1.30 am. She was waiting at the bus stop nearby, but there were no more buses running that late. She did not have enough money in her purse to catch a cab on her own. At that moment Leon saw her as he was driving past. It had just begun to rain and Leon called out to her: “get in and I will drive you home”. Than was getting into the car when she realised Leon was completely drunk. But she felt she had no alternative but to get in the car or she might be at risk on her own so late in the rain and with no more buses. She asked Leon if he was OK to drive and he said “yes, of course I am, otherwise you could always drive”.

On the way home, Leon’s car suddenly swerved to avoid something along Baggot Rd and the car spun out of control and smashed against a tree that had fallen down in the rain and wind. Than suffered 3 broken ribs and a punctured lung and is unable to finish her semester as she must spend up to 6 weeks in hospital. She has medical insurance but this will not cover all her bills as there are ‘gap’ payments required. Leon was unhurt but his uninsured car was badly damaged.

Based on the above scenario and with reference to the relevant case law explain how Tort law might be applied in relation to the various parties involved. Explain possible outcomes including any orders the court might make.