Tom Lane has problems. He bought a plastic child's bicycle seat made
with him. A Bikes label on the side of the seat stated: "Only use with children
to the back of his bicycle just above the rear wheel
by Bikes that attached
up to 20 Kgs. One day Tom put his son, Jack, (who weighted 22 kg.) in this Bikes seal and went
also his young son could ride
for a ride. Tom rode down the street with Jack at a very fast speed. Tom hit a huge pothole on the city street that had not been repaired for 2 weeks and he lost control and his
bicycle swerved to the left. Ed Ng was driving his car just behind Tom. Ed had just left a sports bar, Sportz Zone, where Ed drank 7 beers. Ed didn't react quickly when Tom
suddenly swerved left around the pothole, so Ed hit Tom's bicycle. The Bikes child seat flew off t
the bicycle, the buckle on the seat released and Jack was sent through the air
and landed on his head. Jack has a major permanent brain injury and Tom also suffered a major back injury. Tom says he plans to sue everyone he can for the injuries he and
Jack suffered. All parties called their lawyers. Discuss all legal issues that apply to this case.
QUESTIONS (12 MARKS) Please answer the following 5 questions in the space provided below
1. Identify the area of law that applies to this fact situation (1 mark)
2. Identify the legal tests that apply to case (4 marks)
3. Apply the law to this fact situation (4 marks)
4. Do the defenses of voluntary assumption of risk or contributory negligence apply here? Why or why not (2 marks)
5. Identify the damages the plaintiff(s) sue for? (1 mark)
