Reference no: EM133472279

Mitch finishes work early on Tuesdays to take a bus to attend afternoon classes at a college in Perth city where he studies part time. One afternoon, Mitch is held back at work and misses the bus. He catches the next bus and when he arrives at the college bus stop, he tries to save time by crossing the busy main road instead of walking 20 metres to the pedestrian crossing. As Mitch hurries across the main road, he is hit by a car driven by Hannah who was reading a text message on her mobile phone when she hit Mitch. Both of Mitch's legs are broken and he is unable to return to work for several months.

a) Explain if Hannah could potentially be responsible for both a tort and a crime? (no IRAC required, just theory).

b) Using the IRAC method, explain whether Hannah owes Mitch a common law duty of care under the tort of negligence.