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Negligence (Essay Sample)

Please address the following fact pattern. Discuss any possible causes of action including negligence as well as relevant defenses. Only discuss relevant issues! I am not as interested in your outcome (who will end up winning) as I am in how you use the law to support your points. Base your answer only on facts given. If additional information is needed, tell me that. Your answers should be about 250 words and are due in your Assignments folder by April 16 (deadline extended due to Report One being due) 2) Jason was driving his automobile down a rural highway with his friend Lucky in the car. It was a clear, but dark night. At a sharp curve in the road, Jason's car went off the right side and hit an electrical power pole, maintained by P G & E, and located six feet off the edge of the road. Jason's car came to rest partly off and partly on the road. A passing motorist, Elizabeth, saw the accident and came to help. Jason was not injured but Lucky was unconscious. As Jason and Elizabeth were trying to remove Lucky from the car, Logan ran into Jason's car. Logan was uninsured and disappeared from the scene. (Note because of this, he will not be a defendant to the lawsuit). Lucky died as a result of the injuries of this second accident and Elizabeth and Jason were severely injured. Jason is unable to explain why his car went off the road and hit the power pole. However, during the previous three months, four cars had gone off the road at the same curve. Three of them had hit and slightly damaged the pole and the fourth had knocked the pole down. P G & E had replaced the pole on the same site after each incident. What are the rights of Lucky's estate against Jason and P G & E? What are the rights of Elizabeth against Jason and Lucky's estate? 3) Farmer owned a bull that he kept in a pen. Because of bad weather, the wood of the pen started to rot and one warm day, bull was able to push aside the wood and escape. Matt was walking down the road when the bull confronted him. He started to run, cutting across Neighbor's field and in the process, trampling Neighbor's prized roses. Matt then spotted a nearby car, owned by Drew, with the keys in the ignition. Matt got into the car, the bull still chasing him, and drove off. As he was headed toward the highway, Drew saw Matt in the car and shot at him, killing him. Discuss the estate of Matt's claims against Farmer and Drew and defenses, Discuss neighbor's claims against Farmer and Matt's estate and defenses, Discuss Drew's claims against Matt's estate and Farmer and defenses. source..
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Table of Contents3 1.0 Introduction3 1.1 Facts3 1.2 Right of parties4 2.0 Duty of care5 Reference
1.0 IntroductionLegally speaking, every person has got a right to be compensated for injuries suffered if they were occasioned by someone else`s actions. Compensation therefore comes from the person at fault or his/her insurance company.Jason`s case calls for careful consideration. The correct facts have to be established to prove liability and to whose side the liability of the accident lies.1.1 FactsIt is a fact that Jason was driving his car which had no mechanical problems and had proper headlights on the night of the accident. Furthermore, he was not intoxicated and neither was he driving recklessly. Therefore, he exercised reasonable care while driving the vehicle. During the night of the accident, visibility was not excellent especially around the bend as it was a clear but dark night.The electric pole was placed just at the curve and there were no visible sign to indicate its presence, driver anticipation is hence hampered.It is also a fact that this is not the first accident because in a span of 3 months three cars had been involved in a similar accident too. However, P G & E never bothered to indicate the presence ...
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