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Rupie is a self-employed delivery driver. He parks his van at the top of Bath Street on a steep incline but fails to apply the handbrake correctly. The van starts to roll down the hill.
Adu and Lydia are walking on the pavement when the van smashes into a shop with large glass front windows. Adu, dives to save Lydia and push her out of the way of the splintering glass.
Adu suffers superficial cuts to his hands. He has also been suffering from a disease of the spine for the past 10 years. Following this incident, he is now unable to continue his work as an architect because of the worsening back pain. He is also suffering from post-traumatic stress disorder (PTSD) following the incident.
Lydia is unharmed.
1. Applying the requirements for a claim in negligence, explain whether Rupie owes a duty of care to Lydia and Adu and whether he breached that duty.
2. Focusing on causation and remoteness of damage, explain the extent to which Rupie is liable in the tort of negligence to Adu for his injuries, PTSD and worsening back pain. You can assume that Rupie owes Adu a duty of care which he has breached.
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