This is my question for Australian Commercial Law course
Case Study 3:10 Marks
Following on from case study 2, Saber is delighted that it is the end of his school year and all his disputes with the video store and car park are now resolved. During the year, he set aside a portion of his weekly part time wage in order to take a luxurious two-week holiday, cruising the Pacific on the ‘Fantastic Pacific’. His travel arrangements are set and he is to depart from Sydney harbour on 10 January 2017.
On 8 January he received a call from his sister, Zaber, who told him that their older brother, Jaber, is in hospital and is in an induced coma as a result of a life threatening illness. In shock, Saber rushed to his new car and raced off to the hospital. Although he drove at the speed limit, distracted by worry, he failed to indicate that he was turning left and was struck by a car from behind. The police report found that the accident was not his fault, despite his failure to signal. Saber’s back is jolted violently in the accident and he suffers severe but non-permanent pain which will take 4 weeks to heal, according to his medical reports. The other driver refuses to compensate him.
Jaber was taken out of the induced coma, medically treated, and made a full recovery. However, Saber was forced to miss his trip on the Fantastic Pacific. The representatives of the Fantastic Pacific refused to refund Saber the value of the trip and he became exceedingly depressed after he turned on his hospital television to see the Fantastic Pacific leave Sydney Harbour. Bursting into tears he called his lawyer and instructed them to commence another legal action.
Solve the issue as to whether Saber will be successful in this legal action.