Find out the liability


Problem: At dusk one evening, as X was hauling a load of rock in his truck, he saw a large piece of rock fall from the truck onto the travelled portion of the roadway. X continued on his way without stopping.

Y, who was travelling in her automobile along the same road some time later, collided with the rock and damaged her automobile.

a) Discuss the liability of X if he was unaware that the piece of rock had fallen from his truck?

b) What if he saw the rock fall and just kept on driving?

c) Does it matter if Y was speeding?

d) What if Y noticed the rock in her driving lane and swerved to the other side of the road to avoid it, colliding with Z, who was travelling in the opposite direction?

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