Harry is involved in an accident in which his car is hit by a lorry driven by Alex. As a consequence of the accident, Harry breaks his leg and is unable to work for two months. Can Harry sue Alex for damages?

On the face of things, the answer seems obvious. Harry was injured as a result of Alex driving into his car and so it seems fair that he should be able to sue him. However, think of the situation from Alex’s point of view, is it fair that Harry should be able to sue him just like that? People have accidents every day – should they all be able to sue each other for every little incident? If they are able to, then the courts would be overwhelmed with cases.

Discuss the elements of the Tort of Negligence, mentioning the tests as well as the defenses before coming to a conclusion on whether Harry can sue Alex.

If Harry is able to sue, advise what remedies are available to him.

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