b) On the way back from buying the fairy lights Jay was preoccupied with his annoyance about missing the consignment of ‘singing santas’. He suddenly saw Tim on a zebra crossing and unfortunately was unable to stop in time to avoid hitting him. Tim suffered a broken leg. Witnesses said that Tim had ‘appeared out of nowhere’ and run onto the crossing. Advise Spiro and Jay as to their possible legal liability towards Tim, and any factors which might operate to reduce liability.
Would your advice be any different if the accident had happened the following evening when Jay was transporting a bed that his brother in law had bought on ebay in the back of the van.
c) Tim had been running to catch a bus. He had been excited because he was on his way to give a demonstration at a street dancing competition. He was to receive a fee for the demonstration and, more importantly, had been informed that talent spotters from a TV show were to be in the audience. His colleagues were sure that he had a great chance of being picked to be in the next ‘Strictly Street Dancing’ and make his fortune. His hand-made sequin-studded costume was torn and blood-stained. Advise as to the damages Tim might be able to recover.
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