The dynamics of Law dynamics are not always clear-cut. The complex entanglement of rules and exceptions to the rules illustrate the value of a legal education. For example, the hypothetical situation presented is complex. A renowned self-defense expert, Bond, prepares a blind simulated real-life scenario to illustrate to his students the gap between the classroom and reality. This simulation ends in a domino effect of chaos. Knight, a new student, attempts to defend Bond by stabbing his assailant but, accidentally stabs Lark, a classmate. Eagen, a seasoned classmate, also defended Bond, breaking the actor assailant’s arm in the process. Slep, another student, became so frightened that she ran out of the classroom into oncoming traffic and
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Bond was a renowned self-defense instructor. Therefore, the court may find this imposes a “special relationship” to potential defendants. “A court is likely to impose a duty of care on a university when the harm involved is of a physical nature such as a criminal attack.” Therefore, Slep’s death may be considered a wrongful death. In 1846, Lord Campbell’s Act passed in England which allowed loved ones to recovery who lost relatives to tortious acts. Through the evolution of common law Lord Campbell’s act has evolved into wrongful death survival and wrongful death actions. Survival actions like Lord Campbell’s Act ensure the injured parties claim survives his death. However, if the deceased expired due to a tortious act a wrongful death action must be filed in many states. A wrongful death action allows for third parties to recover from losses they incurred as a result of the decedent’s …show more content…
Some statues to be examined are numerous centuries old. Depending on the location of Bond’s defense class the possibility exists for double recovery through separate filing form survival actions and wrongful death actions. However, most states limit the extent of recovery from survival actions to losses occurring prior to descendant’s death. Damages are therefore generally restricted to lost earnings prior to death, medical expenses and pain and suffering. However, this does not apply to Slep because her death is presumably instantaneous, therefore no damages occurred prior to her death. Therefore, Slep’s children and husband may recover through a wrongful death
Bond was a renowned self-defense instructor. Therefore, the court may find this imposes a “special relationship” to potential defendants. “A court is likely to impose a duty of care on a university when the harm involved is of a physical nature such as a criminal attack.” Therefore, Slep’s death may be considered a wrongful death. In 1846, Lord Campbell’s Act passed in England which allowed loved ones to recovery who lost relatives to tortious acts. Through the evolution of common law Lord Campbell’s act has evolved into wrongful death survival and wrongful death actions. Survival actions like Lord Campbell’s Act ensure the injured parties claim survives his death. However, if the deceased expired due to a tortious act a wrongful death action must be filed in many states. A wrongful death action allows for third parties to recover from losses they incurred as a result of the decedent’s …show more content…
Some statues to be examined are numerous centuries old. Depending on the location of Bond’s defense class the possibility exists for double recovery through separate filing form survival actions and wrongful death actions. However, most states limit the extent of recovery from survival actions to losses occurring prior to descendant’s death. Damages are therefore generally restricted to lost earnings prior to death, medical expenses and pain and suffering. However, this does not apply to Slep because her death is presumably instantaneous, therefore no damages occurred prior to her death. Therefore, Slep’s children and husband may recover through a wrongful death