Driver A is speeding and hits pedestrian B who is jay-walking (ie crossing the intersection without the walk sign). B suffers a broken leg. B is treated at the hospital but requires regular rehabilitation sessions for his broken leg with a rehabilitation therapist. During one of these sessions, B is sexually assaulted by the rehabilitation therapist.
Which of the following statements is LEAST likely correct?

Question

Driver A is speeding and hits pedestrian B who is jay-walking (ie crossing the intersection without the walk sign). B suffers a broken leg. B is treated at the hospital but requires regular rehabilitation sessions for his broken leg with a rehabilitation therapist. During one of these sessions, B is sexually assaulted by the rehabilitation therapist.

Which of the following statements is LEAST likely correct?

Answer

Driver A owes B, a pedestrian, a duty of care.

Answer

Driver A's breach (speeding) was a necessary condition of the occurrence of both B's broken leg and the sexual assault.

Answer

A court is likely to find that B was contributorily negligent for jaywalking and will reduce B's damages by 100% per section 63 of the  Wrongs Act (Vic)

Answer

The subsequent criminal act of the rehabilitation therapist does not constitute an intervening act.

Crowdly

Driver A is speeding and hits pedestrian B who is jay-walking (ie crossing the i...

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