Bazil decided to celebrate a promotion he had received at work that week by having a few alcoholic drinks on the weekend. After a few hours spent in the local pub, Bazil decided he was alright to drive home, however he was well over the legal drink driving limit. James was driving home from his sister's house that afternoon when he received a phone call on his mobile phone that was sitting on the seat beside him. While James was reaching to answer the phone he did not notice a Stop sign coming up ahead and he drove straight through it. At the same time Bazil was driving along the perpendicular road at 10 kilometres an hour over the speed limit and James crashed straight into the side of Bazil's car. Bazil's car was extensively damaged and he suffered severe leg and arm injuries in the accident. He was taken to hospital, had to have three operations and was in hospital for six weeks. As a result of the injuries, Bazil was unable to work and he incurred significant medical and physiotherapy bills. He also incurred significant expense in having his car repaired.
Advise Bazil of his legal rights against James using the law of torts. Include in your answer the following:
- A discussion of any cause of action and/or remedies Bazil might have against James and on what basis, and
- What defences are available to James, if any?