This question is a Tort Law question. Could you be able to answer them for a HD. We only have 1 hour to complete a similar test. Thank you very much.
Mahmoud takes his family’s car to be serviced at the home of a friend who is a mechanic. Mahmoud has his two year old daughter Nora with him. Tony, the mechanic, runs his mechanic business from his garage at home.
Mahmoud and Nora are watching Tony service the car. Tony is showing off trying to impress his friend, and throwing tools to his apprentice Rohan rather than passing them. Tony, without looking, throws a wrench over his head for Rohan to catch. The wrench instead strikes Nora, breaking her arm. The arm fracture leaves the arm bent at an unnatural angle. Mahmoud sees the wrench hit Nora and is horrified. He tries to calm Nora but she is screaming loudly in pain.
Nora’s screaming is overhead by Tony’s neighbour Kelly. Kelly has done a first aid course and rushes to help, bringing an icepack with her and calling 000 on her phone as soon as she arrives. Kelly helps Mahmoud in trying to calm Nora, and applies the icepack to her arm. Kelly strains her back trying to restrain and calm Nora.
Tony loses his mechanic’s licence because of the incident and his business shuts down. Rohan loses his job working for Tony. Tamara had been doing house cleaning for Rohan twice a week because Rohan was working two jobs and did not have time to do his own cleaning. Now that Rohan does not have any work with Tony, he has time to do his own cleaning. Tamara loses Rohan as a client of her house cleaning business.
Mahmoud since the accident has become increasingly worried about Nora. He becomes anxious when she is out of his sight, and he has trouble sleeping. Mahmoud is diagnosed with an anxiety disorder. Kelly is quite upset about what happened to Nora and after the ambulance had taken Nora to hospital for treatment on her arm, Kelly burst into tears from the stress of the whole incident.
Answer each of the following 4 questions.Your answers should be confined to
whether each party owes a duty of care in negligence. You are not being examined on the other elements of the tort of negligence, and you are not being examined on defences or remedies.Your answer should make reference to relevant sections of the Civil Liability Act 2002 (NSW) and relevant case law.
1. Does Tony owe a duty of care to Nora in respect of her physical injuries?
2. Does Tony owe a duty of care to Mahmoud in respect of his anxiety disorder?
3. Does Tony owe a duty of care to Kelly?
4. Does Tony owe a duty of care to Rohan or Tamara?