First Principles of Business Law

5. Compensation schemes

5.2. Compensation where there is no negligence

Read the facts below and then answer the question.

A, the driver of a car, suffers a completely unexpected heart-attack. As a result she and her passenger B are involved in a serious collision with C, another road user. B is very severely injured in the collision and will spend the rest of her life in a wheelchair, incurring large expenses for medical and personal care.

Which of the statements below best reflects the legal position arising from these facts?

(a) A was driving the car and the facts suggest that A was negligent. B will be able to sue A in tort and claim compensation for the harm she has suffered.

(b) A was driving the car but the facts suggest that A was not negligent. B will not be able to claim compensation in tort from A, even though she has suffered serious harm.