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A woman is driving her car along a road when she sees the warning light indicating low engine oil light up. The woman stops the car at the side of the road and turns on the car’s hazard warning lights.
A passing motorist (‘the Motorist’) sees the woman’s car and stops to offer his assistance. The Motorist has some spare engine oil and the woman agrees that he should pour some of this into the woman’s car engine.
The oil warning light turns off and the woman assumes therefore that the car is fixed. She drives off but within 20 minutes her car engine seizes up, causing considerable damage to the car.
A garage carries out the repairs to the woman’s car. She is told that the Motorist has used the wrong type of engine oil and this has caused the engine damage.
The woman wishes to bring a claim in negligence against the Motorist. She seeks advice from a solicitor who believes that there are no similar precedents or comparable cases by which to establish whether the Motorist owes the woman a duty of care. The solicitor’s legal advice about what the court will consider is based on this belief.
What legal advice will the solicitor provide about what the court will consider when deciding whether the Motorist owes a duty of care in negligence to the woman?
A. Solely whether the Motorist could reasonably foresee that harm would be caused to the woman’s property.
B. Solely whether the Motorist has a relationship of proximity with the woman and whether it is fair, just and reasonable to impose a duty on him.
C. Solely whether the Motorist could reasonably foresee that harm would be caused to the woman’s property and whether he has a relationship of proximity with her.
D. Whether the Motorist could reasonably foresee that harm would be caused to the woman’s property, whether he has a relationship of proximity with her and whether it is fair, just and reasonable to impose a duty on him.
E. Solely whether it is fair, just and reasonable to impose a duty on the Motorist to the woman.
D - Whether the Motorist could reasonably foresee that harm would be caused to the woman’s property, whether he has a relationship of proximity with her and whether it is fair, just and reasonable to impose a duty on him.
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