Fact: Alex is a farmer, whose Carrots are damaged because of the hot summer. Alex knew that. However, he sold these carrots to Brain without telling him the Carrots were infected. Brain bought the Carrots as food for his pet rabbit. Then, the rabbit was sick because of eating the Carrots. Brain found his rabbit is sick, so he took the rabbit to the nearest pet-hospital by driving his car. Unfortunately, he was in a car accident on his way to the pet hospital and therefore injured both himself and his car.
Under the Civil Liability Act in Australia, using the IRAC model to analyze the legal facts here.
Please specify whether Alex liable for Brain’s car accident, and which elements cannot be fulfilled for the formation of the negligence?
The tort of negligence has 4 elements: 1.duty of care, 2. breach the duty of care, 3, causation 4. remoteness
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