Question 2 NEGLIGENCE Total 14 Marks Webber Road Works Ltd are widening and upgr

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Question 2 NEGLIGENCE Total 14 Marks Webber Road Works Ltd are widening and upgrading a section of Lakeside Drive and at the end of each day are required by various statutory provisions to place flashing lights alongside the areas on which work is being undertaken. Yesterday, Jack, one of the site supervisors who has been delegated this responsibility, left the lights in place but then forgot to switch them on before leaving for the day. Amy, who was driving her car along Lakeside Drive late last night, did not see the road works until it was too late. She skidded into a row of drums breaking an ankle and badly damaging her car. Amy, who says she had not consumed any alcohol earlier in the evening and was taking extra care as she was well aware that road works were in progress, intends suing Webber Road Works for damages for her losses. Do you consider Amy will be awarded damages for her losses? You must give reasons for your answer.

Explanation / Answer

Since it was compulsory to switch ON the flashing lights, Amy should be awarded damages for her losses.

Webber Road Works Ltd were widening and upgrading a section of lakeside drive and at the end of each day were required by various statutory provisions to place flashing lights alongside the areas on which work was being undertaken.

Jack who was one of the site supervisors forgot to switch ON the lights which was copmulsory to switch it ON and hence led to an accident. It is the responsibility of Webber Road Works Ltd to compensate the victim.

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