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Examination Timing: 00H00M01S

John Williams, a pedestrian, is injured when a car driven by Emily Davis mounts the pavement and hits him. John sustains severe injuries and sues Emily for negligence. Emily argues that she suffered a sudden and unexpected heart attack, which caused her to lose control of the vehicle. 

Which one of the following statements is correct?

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John must prove that Emily owed him a duty of care and breached that duty. In negligence claims, the claimant must establish that the defendant owed a duty of care, breached that duty, and caused the harm suffered. Option A is incorrect because liability is not automatic; it requires proof of negligence. Option B is incorrect as necessity is not a relevant defence in this context. Option C is incorrect as Emily’s defence would more appropriately be framed as an argument about foreseeability and causation rather than automatic absolution of liability. Option E is incorrect as contributory negligence would require evidence that John’s actions contributed to his injuries, which is unlikely in this scenario.

Key Point: This question focuses on the elements of negligence, specifically duty of care and breach, and the necessity for the claimant to prove these elements to establish liability.

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