Tutorial Questions

1. Martin is a passenger in a car being driven by Norman. The Windscreen shatters suddenly and
Norman crashes into the back of a lorry and is knocked unconscious. Martin is unharmed, and
on seeing flames coming from under the bonnet of the car, rushes to the back of the car to
retrieve some very important court documents. After he has rescued the documents, the flames
are too fierce, and he cannot help Norman. Norman is killed.

Advise Norman’s family whether Martin owed Norman a duty of care.

2. The Bauleni police force is faced with a number of murders within their area that have been
committed by an unknown person. Their investigation is poorly handled and Paul becomes the
13th victim of the murderer. Finally, the police capture the murderer, Max, but carelessly allow
him to escape. Max then murders three further people. Advise.

3. ‘the categories of negligence are never closed'. Per Lord MacMillan in Donoghue v Stevenson
[1932] AC 562 at 619.

In light of this statement evaluate the role of the duty concept in the tort of negligence.