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Does rupert owe elliot a duty of care

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Reference no: EM133504893

Case Study: Rupert is an elderly man who uses a mobility scooter to transport himself to the shops. He often rides the mobility scooter on the footpath.

On his way to the shops, he goes around a corner travelling quite slowly and collides with a young man, Elliot, who is not looking where he is going as he is concentrating on a podcast he is listening to with his headphones.

Questions: Elliot badly injures his leg.

  • Does Rupert owe Elliot a duty of care? If so, why?
  • If Rupert has a duty of care has, he breached that duty? Give your reasons
  • Does Rupert have any defences if he was found negligent?
  • Are there any cases that support your answer?
  • If Rupert was riding his mobility scooter at a dangerous speed according to witnesses, how would that change your answer?

 

Reference no: EM133504893

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