Mr and Mrs A are married in community of property. Mr A assaulted his neighbour, Mr C, in a tavern when the two of them were out drinking together. When Mr A realised that Mr C was seriously injured, he fled the scene in Mr and Mrs A’s motor vehicle and crashed into Mr C’s motor vehicle in the parking area of the tavern. Which of the following statements is INCORRECT?

Question

Mr and Mrs A are married in community of property. Mr A assaulted his neighbour, Mr C, in a tavern when the two of them were out drinking together.  When Mr A realised that Mr C was seriously injured, he fled the scene in Mr and Mrs A’s motor vehicle and crashed into Mr C’s motor vehicle in the parking area of the tavern. Which of the following statements is INCORRECT?

Answer

Mr C can recover damages for the damage caused to his vehicle from Mr A's separate estate.

Answer

Mr C can recover damages for his bodily injuries from Mr A's separate estate.

Answer

Mr C can choose to recover damages for his bodily injuries and the damage to his vehicle from either Mr A's separate estate or the joint estate.

Answer

If Mr A does not have a separate estate, Mr C can recover damages for his bodily injuries and the damage to his vehicle from Mr and Mrs A's joint estate.

Crowdly

Mr and Mrs A are married in community of property. Mr A assaulted his neighbour,...

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