CAPE Law Unit 2 · 2008 (second paper) · Paper 2 · Question 2

Wayward, a driver for OBAY Construction Company, gives a ride to his neighbour Fredo despite a company rule and dashboard notice prohibiting unauthorized passengers and disclaiming liability. Wayward falls asleep and crashes into a bridge; Fredo, who was not wearing a seatbelt, is seriously injured, while Wayward is unhurt.

Advise Wayward and OBAY Company of their liability, if any, towards Fredo. Support your answer with references to decided cases.