Question

NEED TO DO Word Limit For Answering is 1200 words OSCOLA 4th Edition On the night of New Year's Eve, Dominic was driving home alone in a private car after attending

a party. The car was a BMW M4 Coupé owned and registered in the name of his father, Jack. As the BMW approached Peaceful Lane, an inner street near Dominic's home, it was seen speeding down the road. A pedestrian, Mia, felt that the driver seemed to be "flooring" (putting the accelerating pedal to the floor) the BMW, but she could not see the inside of the car as it was too dark. Right after the BMW crossed a T-junction, it suddenly swirled right and went straight to the side of the road. The BMW collided with a convenience store and, in the process, also collided with a lamppost and several pedestrians, namely Letty, Don, Cara, and Brian. The Police and an ambulance soon arrived at the scene. Subsequent investigation revealed the following: Letty was directly hit by the car and suffered several fractures. She was bleeding severely and died on the spot. The side of the car hit Don. He suffered a concussion and some bruising. He was in a coma for three days. Cara was just about to leave the convenience store. She was not directly hit by the car, but when Don was struck by the vehicle, he collided with her forcefully. Cara collided with the decorations of the store, which had sharp comers. Her left forearm was severely injured, and she was rendered disabled. The car nearly missed Brian. Although he was not injured at all, he was 4 traumatised by the incident as he had witnessed the injuries and death. He developed severe post-traumatic stress disorder and is afraid to go on the streets. He could no longer go to work. After the incident, a passerby, Han, posted the scene of the incident live on Facebook. Han took close-up video of the crash, including the deceased and horrific injuries. Thousands of people viewed the Facebook live session. Mia, Brian's wife, is amongst one of those viewers. Mia was watching the live stream and saw the gruesome scene, but just as she recognised the face of Brian lying on the street beside the bodies, her internet connection was lost. Mia thought that Brian was severely injured as well and was traumatised by the experience. She became severely depressed and constantly worried that Brian would leave her, one way or another. Dominic was unconscious after the incident and suffered from amnesia. He could not remember anything about the incident. There are no witnesses as to what happened inside the car. A blood test of Dominic conducted after he was sent to the hospital found no alcohol or drugs. The car was also examined. No mechanical malfunctions were found. Dominic was charged by the police for "dangerous driving causing death". Question 1 Identify the partie(s) in the scenario who are potentially responsible for tortious liabilities. You should state (1) the potential tortfeasee(s), (2) the potential cause(s) of action, and (3) the factual foundation in support. Only a brief analysis is required for Question 1. Question 2 Explain whether the partie(s) identified in Question 1 are liable for negligence?

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