SQE1 sample questions

Question 44

A driver drives negligently as a result of which he has an accident. A passenger in his car is hurt in the accident. The passenger had a serious pre-existing back condition of which the driver is aware. This condition is exacerbated by the accident and the passenger becomes paralysed.

Which of the following statements best describes whether the passenger can claim damages for his paralysis from the driver?

A. The passenger can claim damages for his paralysis from the driver because the paralysis was in the contemplation of the parties as possible at the time of the accident.

B. The passenger can claim damages for his paralysis from the driver because the driver must take the passenger as he finds him.

C. The passenger cannot claim damages for his paralysis from the driver because it was not reasonably foreseeable that paralysis would result from the accident.

D. The passenger cannot claim damages for his paralysis from the driver because the paralysis did not result from the accident in the normal course of events.

E. The passenger cannot claim damages for his paralysis from the driver because the passenger is partially responsible for the paralysis because of his pre-existing condition.