Pedro is a keen sportsman

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Question 2 –Negligence question from past paperThe facts1 Pedro, Rufus and Miguel are students.2 Pedro is a keen sportsman and the definite leader of thegroup; he wants to go waterskiing, which he has donemany times before.3 He arranges with Rufus and Miguel to hire a power boatand water skiis from Solon’s Boat Shed where theyare good friends with Tolik, another student, whoworks for Solon. All the students are over 18.4 Rufus (who is licensed to drive a power boat) will drivethe boat and Miguel will act as observer while Pedro isskiing; (the observer is a person in the boat whose taskis to be seated looking back all the time, watching theperson who is water skiing, to check he is safe).5 However, one hour before they are to hire the boat Rufusgets a phone call from his employer asking him tocome to work urgently to replace someone who is sick.Rufus needs the money so he goes to work.6 Pedro still wants to go water skiing; Miguel thinks theyshould not go out without Rufus but Pedro persuadesMiguel they should go ahead with Miguel driving theboat and without an observer.7 Miguel is not licensed to drive a power boat and Pedroknows this.8 Tolik also knows Miguel is unlicensed but he lets themhire the most powerful boat in Solon’s fleet of boatsbecause he knows Solon is not strict about whom hehires his boats to and has previously said to him“never turn a customer away.”9 The boat, with Miguel driving, gets out of control andPedro falls off his skiis; Miguel does not realize thisand Pedro is dragged for 500 metres in shallow waterbefore the boat stops when it crashes into an anchoredboat from which its owner, Oscar, is fishing.10 Pedro (who is not wearing any protective headgear)suffers injuries to his head, neck and back. He willrequire expensive medical treatment. Also, Pedro hadsecretly organised to train the following week with aprofessional basket ball team which he expected tojoin. He will now not be able to do that and will loseall the main the basketball

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