Tort Lesson 4 Negligence- General Duty, Causation, Damages Discussion
This order is for a law school coursework assignment. The discussion is worth 35% of my grade. Please see the direction for this order under word document title Tort Lesson 4 Discussion before proceed with the order. For revision request, please return the discussion as instructed. If additional page increase is needed for the assignment, please let me know before proceeded.
Direction: This is a two parts assignment which consist of three discussion questions, and three peer discussion posts reviews. Peer review will not be posted when order is placed since it not available. Please follow the direction as stated for discussion on the WORD document title Tort Lesson 4 Discussion. Please answer all questions for the discussion. Please review all uploaded documents prior/after the order have been place/complete as well as for revision request. If you have question about the discussion, please ask. If you did not complete the order as instructed, I will upload my own answer. Please edit it.
More is not always better. One-word answers or short answers that lack substance will earn no participation credit. Substantive means that you are contributing information that moves the knowledge base for the class, as a whole forward. Some of the questions will ask you to answer a specific question. We are interested not only in your answer but why you came to that answer. Other questions may ask for your opinion. Again, your answer will be much more substantive if you explain why that is your opinion. Answer need to be clear, brief, and concise. PLEASE follow this guideline when completing the discussion since this is from my professor as to how the discussion should be.
In this lesson you will begin to study negligence. As you will learn, to prove negligence the plaintiff must show that the defendant owed a DUTY to the plaintiff. That Duty may be a General Duty or a Special Duty. The standard for a General Duty is to act as a reasonable person would under the same or similar circumstances. What a reasonable person would do is a question for a judge or a jury. However, we are all different people that grew up with different life experiences.
Evaluate one of the following fact patterns and explain why you think the conduct is reasonable or unreasonable.
A. Debbie age 18 is walking quickly through the mall to meet her friend for lunch. As she is walking, she is checking her Facebook account. Pam, age 85 is walking slowly in front of Debbie. Debbie does not see Pam and knocks her down, breaking Pam’s hip. Is walking and Facebooking reasonable conduct?
B. Dave, age 7 is running as fast as he can down the sidewalk to catch the ice cream truck. Patricia, age 85 is walking slowly down the same sidewalk. Dave loses his balance and falls, bumping into Patricia, knocking her down and breaking her hip. Is running as fast as you can to catch the ice cream truck reasonable conduct for a 7-year-old?
C. Dan, a businessman, is flying home from a meeting. He is seated on the plane next to Peter. During the flight, the flight attendant begins to pass out small bags of peanuts and soft drinks. Peter declines the peanuts, telling the flight attendant that he is highly allergic to peanuts. Dan hears Peter say that he is highly allergic but takes the peanuts anyway. As Dan is eating the peanuts, the plane hits some turbulence that causes it to shake violently. The shaking causes Dan to spill his peanuts on Peter. Peter has an allergic reaction to the peanut dust and has to go to the hospital. Is eating peanuts on an airplane, next to a person that you know is allergic to peanuts, reasonable conduct?
D. Dana, a businessman, is flying home from a meeting. He is seated on the plane next to Paul. During the flight, the flight attendant begins to pass out soft drinks. Dan accepts the soft drink. As Dan is drinking his drink, the plane hits some turbulence that causes it to shake violently. The shaking causes Dan to spill his drink on Paul’s expensive suit which ruins it. Is Dana’s conduct reasonable? Should Dana have to replace Paul’s expensive suit?
If you were asked to replace the reasonable person standard for general duty, what would you replace it with?
Dan is six feet six and weighs 230 pounds and plays professional football. Dan is out running in an isolated area when he sees Pam, an 80-year-old that weighs 100 pounds lying on the ground. She was out bird watching. Pam tripped on a loose rock and can’t get up. As Dan runs by her, Pam asks for help to get on her feet. Dan does not stop nor call anyone to help her. A hiker finds Pam 8 hours later suffering from heat stroke. Pam has to be hospitalized. Did Dan have a duty to help Pam? Should public policy force Dan to help Pam?