One night Johnny accepts a lift to work from one of his chefs, Sam, who has had his driving licence.

One night Johnny accepts a lift to work from one of his
chefs, Sam, who has had his driving licence for only 2 weeks. On the way to
work it starts raining heavily and Sam appears to have trouble keeping his
vehicle on the road. Johnny asks Sam to slow down, but he continues driving at
the speed limit. Shortly afterwards, Sam loses control of the vehicle and hits
a telegraph pole. Both Johnny and Sam are injured. If Johnny were to sue Sam in
the tort of negligence, would he be likely to succeed? In your answer focus on
whether or not Sam could rely upon any defences.

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