A small group of friends had been studying hard and decided to attend a party in the Darwin CBD

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LAW514 Assignment 2

Semester 2, 2018
Value: 20%
Word count: 1,000 words
References must be included and are part of the word count.
Due date: 30 September 2018
Case Study
A small group of friends had been studying hard and decided to attend a party in the Darwin
CBD on the Saturday night of April 8th. The group of 4 included Vera, Grace, Than and
Leon. They share accommodation near Casuarina which is in the Darwin suburbs. To get
themselves into ‘party mood’ they had some drinks before leaving Casuarina in Leon’s car
around 10pm. Leon said he knew some of the people who would be at the party. The other
three weren’t so sure they would know anybody there, but were ‘up for it’.
At the party the four separated, agreeing to meet up the next day. Vera and Grace left early
(before 12 midnight) and got a cab home. Than decided to stay longer as she met someone
she liked. However, she had far too much to drink and left the party alone around 1.30 am.
She was waiting at the bus stop nearby, but there were no more buses running that late. She
did not have enough money in her purse to catch a cab on her own. At that moment Leon saw
her as he was driving past. It had just begun to rain and Leon called out to her: “get in and I
will drive you home”. Than was getting into the car when she realised Leon was completely
drunk. But she felt she had no alternative but to get in the car or she might be at risk on her
own so late in the rain and with no more buses. She asked Leon if he was OK to drive and he
said “yes, of course I am, otherwise you could always drive”.
On the way home, Leon’s car suddenly swerved to avoid something along Baggot Rd and the
car spun out of control and smashed against a tree that had fallen down in the rain and wind.
Than suffered 3 broken ribs and a punctured lung and is unable to finish her semester as she
must spend up to 6 weeks in hospital. She has medical insurance but this will not cover all
her bills as there are ‘gap’ payments required. Leon was unhurt but his uninsured car was
badly damaged.
Based on the above scenario and with reference to the relevant case law explain how
Tort law might be applied in relation to the various parties involved. Explain possible
outcomes including any orders the court might make.