General Tort Law of Negligence in New Zealand Discussion
Bart while driving his new sports car through a small town, lost control of the vehicle while seeking to adjust the volume on his I phone and the car left the road and crashed through the front wall of Pat and Chris’s house. Not surprisingly, the house is badly damaged and the costs of repair are some $100,000. In addition, until it has been fully reinstated, the council declared that it was uninhabitable and Pat and Chris had to reside in a motel at $700 per week for some 10 weeks. Because the wall that Bart crashed through was that of the lounge a $5000 television together with a $4,000 home theatre system were written off as well as furniture and floor coverings to the value of $5,000. Pat and Chris also owned an original painting by L S Lowry a well-known English artist. The painting had recently been left to Pat by an uncle in the UK and they had asked a local art expert to value it. Bart’s inadvertent incursion into their lounge unfortunately destroyed the picture which was not covered by their contents insurance. Pat and Chris subsequently received the expert’s valuation which valued the painting at $120,000.
Required: Outline with reasons, the extent to which Bart or his insurers would bel liable to compensate Pat and Chris for the above losses.
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