What is negligence? Explain the four elements of
What is negligence? Explain the four elements of
What is negligence? Explain the four elements of negligence.Provide an example of a case involving strict liability? Provide an example of the following types of damages:
Assignment 9, Chapter 19 NAME _________________________
FIN 3610
Provide a reference and a copy of your source of information when needed.
Provide an example of a case involving strict liability? Provide an example of the following types of damages:Compensatory damages (special damages and general damages)Compensatory damages are awards that compensate injured victims for losses actually incurred. Compensatory damages include both special damages and general damages. Special damages are awards for losses that can be determined and documented, such as medical bills and lost wages. General damages are awards that cannot be specifically measured or itemized, such as pain and suffering, disfigurement, or loss of the companionship of a spouse.
Punitive damagesPunitive damages are designed to punish people or organizations so that others are deterred from committing the same wrongful act.
What is negligence? Explain the four elements of negligence.Negligence is defined as the failure to exercise the standard of care required by law to protect others from harm.
There are four elements of negligence:
Existence of a legal duty to use reasonable careFailure to perform that dutyDamages or injury to the claimantProximate cause relationship
Describe the following legal defenses that can be used by defendants who are accused of negligence:Contributory negligenceUnder a contributory negligence law, if the injured person contributed in any way to the accident, he or she cannot collect damages.
Comparative negligenceUnder a comparative negligence law, the injured person could collect, but the damage award would be reduced.
Last clear chance ruleUnder the last chance rule, the plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so.
Assumption of risk doctrineUnder the assumption of risk doctrine, a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of injury.
Explain the major defects in the tort liability system in the United States.Major defects in the tort liability system include rising tort liability costs, inefficiency in compensating injured accident victims, uncertainty of legal outcomes, higher liability awards, and long delays in settling lawsuits.
Discuss three issues that are often addressed in tort reform in the United States.Some tort reform proposals include capping noneconomic damages such as pain and suffering, reinstating the state-of-the art defense, restricting punitive damage awards, modifying the collateral source rule, modifying the joint and several liability rule, and using alternative dispute resolution (ADR) techniques.
ABC Construction is building a warehouse for Richard. The construction firm routinely leaves certain construction equipment at the building site overnight and on weekends. Late one night, Arnold, age 10, began playing on some of ABC’s construction equipment. Arnold accidentally released the brakes of a tractor on which he was playing, and the tractor rolled down a hill and smashed into the building under construction. Arnold was severely injured in the accident. Arnold’s parents sued both ABC Construction and Richard for the injury.Based on the elements of negligence, describe the requirements that must be met for ABC Construction to be held liable for negligence.(1) Existence of a legal duty. ABC Construction has an obligation to protect others from harm, including harm from the machinery used in construction.
(2) Failure to perform that duty. Since the machines are an attractive nuisance that can injure children, ABC Construction failed to perform the duty required by law to protect others from harm. From examination of the facts, it appears that reasonable measures to prevent access to the construction equipment were not taken.
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