Reference no: EM132803383

Fortino's is an online speciality cake store. George, an experienced driver, is employed by Fortino's to deliver orders to its customers. He has an impeccable driving record. One day, whilst on his way to complete a delivery, George receives a video call, so he tries to answer the call whilst driving. Mary, who is riding her motorbike in the adjacent lane but was busy looking at the beautiful birds on top of the trees, veers from her lane to George's lane. Despite the fact that George was driving at the speed limit, and applied the brakes immediately, he was still unable to avoid hitting Mary. George was busy trying to answer the video call and did not see Mary veering into his lane. As a result, Mary's motorbike is destroyed, and she sustains multiple arm and leg injuries including fractured arms and legs. Mary wants to sue George, as she claims he was driving negligently.

Problem 1: Can Mary successfully sue George in negligence, to claim damages for her injuries and destroyed motorbike?

Problem 2: Are there any defences available to George?

Problem 3: Assuming that Mary can successfully sue George, could Fortino's be vicariously liable for George's negligence?