First Principles of Business Law

5. Breach of a duty of care 

5.3.2. Drawing justifiable inferences from the facts

One dark night, McFeeters was walking on a road towards his home when he was struck by a motor vehicle and killed. The driver of the car did not stop and was never identified. There were no witnesses. There was evidence of tyre marks on the road, showing sudden braking, and a small pile of glass, mud and some blood, showing that the impact had occurred near the middle of the road. Tests showed some alchohol in McFeeters' blood. McFeeters' widow brought an action for compensation against a nominal defendant appointed under the Motor Car Act 1951 (Vic). To succeed, Mrs McFeeters had to prove that the unidentified driver had breached their duty of care.

In the absence of direct evidence, Mrs McFeeters argued that the unidentified driver's breach could reasonably be inferred from the known circumstances. Click on the links below to read the arguments that might be made on this issue.