ABSTRACT
QUESTION 49 Norman and Mark went out for a social evening using Mark’s car. They called at a public house, where they both consumed a large amount of drink. Mark then drove Norman home and, due to his intoxicated state, crashed the car into a lamp post. Norman, who was not wearing a seat belt, was thrown through the car windscreen and was severely injured. Rita, who witnessed the accident, went to help Norman and cut her hands badly in so doing. w Advise Norman and Rita of any rights that they might have against Mark. Would your advice differ if, rather than going out together, Norman had met Mark in the
Answer Plan The following points need to be discussed:
v the liability of Mark to Norman; v the defences available to Mark:
v volenti – consideration of case law and statute law; v ex turpi causa; v contributory negligence in accepting the lift; v contributory negligence in not wearing a seat belt;
v the liability of Mark to Rita; v the defences available to Mark:
v volenti; v contributory negligence;
v the effects of Mark’s existing intoxication on any defences available to him.
