Reference no: EM133458607

Mike had longed to buy a new car for some years. Unfortunately, his job as a sanitation engineer did not pay very well at all, and he was unable to afford anything more than a bicycle. However, after months of saving he had saved enough to buy a small, second-hand car. The moment he drove out of the car yard, Mike was the proudest of all proud car owners. He was, perhaps, a little too proud. His belief in his driving skills was misplaced.

As he came to the intersection of a major highway. Mike indicated, checked his rear-view mirror, but completely forgot to slow down. Ten metres from the intersection he remembered, and applied his brakes with great force. The car spun out of control and collided with an electricity pole. Jenny who was waiting for her bus near the electricity pole suffered minor injuries in the accident. Mike was slightly hurt but had been wearing a seat belt which had prevented serious injury.

The collision with the electricity pole cut the electricity to several suburbs, with consequent inconvenience and some expense. In particular, the Fancy Shoes factory had to shut down its operations. The shutdown lasted for two days; on the first day, the factory was without electricity. On the second day, electricity was restored, but the manager decided to take the opportunity to carry out some urgent maintenance work.

Discuss the Common law legal position of Jenny and Fancy Shoes in an action of negligence against Mike.