Negligence Requirements And Potential Defenses Of Myra 's Claim
777 Words Oct 19th, 2016 4 Pages
To: Candie Cardigan, CEO CARDWARE, Inc.
Re: Negligence Requirements and Potential Defenses to Myra’s Claim
I have been assigned to draft a memorandum for your review regarding Myra’s accident. Enclosed below are the four elements regarding the negligence claims, and the potential defenses we may have against Myra’s Claim?
There are four elements to the negligence cause of action: (1) duty; (2) breach; (3) causation; and (4) damages or injury.
A defendant is owed a duty of care to all foreseeable persons who may foreseeably be injured by the defendant’s failure to act as a reasonable person of ordinary prudence would under the circumstances. (Palsgraf v. Long Island Railroad, 1928). The reasonable person is an objective standard, and good faith or best efforts are irrelevant to the cause of action for negligence. Here, Myra may claim that there was a duty that was owed by CARDWARE to Myra when CARDWARE’s solicited Myra to walk on the Fashion City runway. By such solicitation, the duty of care based on reasonable person standard, CARDWARE may be liable for the Myra’s injury as it was foreseeable or should have been foreseeable to CARDWARE.
Breach is merely a breach of duty that occurs when the defendant deviates away from the standard duty of care based on the objective standard. There are two approaches under breach: (1) the reasonably prudent standard (traditional); or (2) cost-benefit analysis (United…