In order for Adele to successfully sue Nick for the injuries sustained, she will need to prove that the elements of a delict have been satisfied. The elements of a delict in this case would likely be negligence.
Negligence can be established if Adele can prove the following four elements:
1. Duty of Care: Nick owed Adele a duty of care to drive safely and responsibly on the road.
2. Breach of Duty: Nick breached this duty of care by recklessly bumping into Adele while driving.
3. Causation: Nick's reckless driving directly caused Adele's injuries, as she broke her leg as a result of the bump from his car.
4. Damages: Adele suffered harm as a result of Nick's reckless driving, as she had to be admitted to the hospital, her leg needed to be set in plaster, and she had to use crutches after being discharged.
Therefore, it is likely that Adele would be able to establish the elements of negligence in this case and potentially seek compensation for the injuries she sustained.
Nick is running very late for work. Whilst driving to work, he recklessly bumps Adele
and Mark.
Adele is a very attractive young lady. While Adele appears to be a normal, healthy
woman she in fact suffers from brittle bone disease which means that her bones are
very weak and can be easily broken. When Nick bumps into Adele she falls and breaks
a leg. A normal individual would not have broken her leg from such a slight bump.
Adele is admitted to hospital and her leg is set in plaster. She is then given a set of
crutches and is discharged from the hospital.
A) Adele wants to sue for the injuries sustained. Using appropriate authority advise
if the elements of a delict have been satisfied. [30]
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