Evan and Amber are high school best mates who lost contact with each other after school. Evan has been working as an Uber driver in Auckland ever since. In the meantime, Amber received training and acquired a qualification to work as a police officer in Auckland.

On a sunny day in May, they bumped into each other when Evan went into the police station to “sort out some paper work” for “careless parking” in Evan’s own words to Amber. They then decided to go for a quick lunch and catch up. Evan was driving. Halfway through the journey, Amber pointed to an alley and said “It is a short-cut. Turn right over there.” Evan was not quite sure and double-checked “Are you sure?” . Amber assured him that “I practice in this area. Come on! You used to be cooler”. Evan subsequently turned right into that alley and it turned out to be a footpath for pedestrians only.

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Jeff was running through the alley to attend his favourite singer’s live concert when all of the above happened. Evan saw Jeff when he turned right into the alley and hit the brakes as fast as he could, but it was too late. The car crashed into Jeff. Jeff broke his rib as a result. He also could not attend the concert after the accident. The ticket cost him $600. Evan’s car was severely damaged and he could not work for a whole week before the car was repaired. The cost for repairing the car was $1000 while the lost income was approximately $1000.

Please advise the relevant parties as to their potential liabilities in negligence and/or negligent misstatement.


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