Business Contractual Relationship

Business contractual relationship.

In this case the Danny will be liable for all the consequences of his negligence to Mrs McGregor. Danny will be able to escape liability if he can show that his negligence should be regarded as the causa sine qua non.

As a result of contributory negligence, Mrs McGregor took all reasonable care for her own safety.

Mrs McGregor can sue Danny in terms of the accident caused by Danny’s negligence that he was failing to repair the brakes. His negligence has been an indispensable part of this accident likewise causes Mrs McGregor’s personal injury.

The pursuer who has voluntary assumed the risk of the harm that has happened. The pursuer has consented to waive the duty of care owed to him by the defender with full knowledge of the risk – should be a free choice. ICI v Shatwell (1965). In this case, Danny could not successfully plead volenti as the pursuer (Mrs McGregor) has not agreed to accept the risk of injury (Mrs McGregor did not know that her car brakes will fail). Danny still owes a duty of care, as Mrs McGregor has not broken the chain of causation.

The defender could not have prevented an accident from occurring because it was completely unforeseeable.