Susan And Little Jhony Case Study

Decent Essays
Issue: Is Brian liable under the tort theory of negligence to Susan and little Johnny? Is Susan liable under negligence for the injuries to little Johnny?
Rule: Negligence is when a person does not behave as a rational and prudent person; however, there are four conditions that must be meet. First, the defendant must have owed the plaintiff a duty. Duty is behavioral standards of a rational and prudent person. Second, condition the defendant failed to act a certain way. Third, the defendant must have breached that duty and it must have been actual and the cause for the plaintiff’s injury. Fourth, the breach must have caused harm or injury which the court can award damages.
Analysis: Brian a owner of a delivery business is dropping off some

Related Documents

  • Improved Essays

    Marshall is the purchasing agent for the DigitoolArt Corporation. His duties require him to negotiate and execute contracts to purchase office supplies and equipment for the corporation. Assume that Bronson, a computer salesperson, pays Marshall a $20,000 kickback to purchase from him computers needed by the DigitoolArt Corporation. What breach of the duty of loyalty has Marshall committed here? A) competing with the corporation B) making a secret profit C) self-dealing D) usurping a corporate opportunity 4.…

    • 992 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    Negligence is consider tort and is a civil wrong committed against the person that the court remedies in the form of action for damages occurred such compensation. Negligence is the unintentional commission or omission of an act that a reasonably prudent person would or would not do. It is a form of conduct which is caused by the carelessness of the standard of care on reasonable members of the society; In the medical field it is consider malpractice. The person who shows negligence does not use their best judgment against possible risk. For example, in the case Dr. Haskins did not examine Kelly nor review his chart.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Decent Essays

    Suggestions I can offer Sandra and John about the short-term possibility of using Alpha’s and Beta’s NOLs against the profits that Alpha expects to earn and about minimizing their overall tax liabilities if both businesses become profitable. Suggestion one will be that they can control their shares of the corporation together for five years without being able to file a consolidated tax return. Suggestion two If Sandra and John want to be able to file a consolidated tax return on their shares they can convert their corporations into a parent – subsidiary corporate structure from a brother – sister corporation structure. Sandra and John can also choice to do a nontaxable merger of one corporation into the other. If Sandra and John agree to…

    • 212 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Jay And Denise Case Study

    • 461 Words
    • 2 Pages

    A) MSTT will assist Jay and Denise in developing a plan to increase supervision and monitoring of Franklin's academic success B) Jay and Denise will identify ways to increase supervision and monitoring regarding making sure Franklin completes his assignments C) Jay and Denise will implement this plan starting on the first day of summer school A, B, C) Denise explained to MSTT her and Jay have sat down and examined how they plan on supervising Franklin for summer school. To start they are going to have Franklin complete all his assignments during the day. Jay explained since summer school is done over the internet at home and Franklin can complete the assignments anytime during the day.…

    • 461 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    YOU V. THEM – Recognizing Negligence in a Pedestrian Accident Case Biking or walking through a major city can be extremely risky. On average, every seven minutes, a pedestrian is injured in a traffic accident. Even if you are careful and you wear a helmet and other protective gear, you could still sustain severe injuries. As a victim of a pedestrian motor vehicle accident, it is important to know whether your actions could affect the amount of monetary damages awarded in your case. Negligence: The Driver’s Liability…

    • 546 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Analysis

    • 731 Words
    • 3 Pages

    “Breach of duty, requires the plaintiff to prove that the defendant breached the duty of care” (Spengler et al., 2016). Causation is the third element that must be proved. “Causation refers to the claim in a negligence case that the acts or inaction of the defendant brought about injury to the plaintiff” (Spengler et al., 2016). The last element is injury (damages). “For any cause of action based on negligence, some actual harm or injury must exist” (Spengler et al., 2016).…

    • 731 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    All these questions need to be satisfied.if even one of them is not satisfied then the plaintiff will not be able to establish that the defendant is negligent. 1)Duty of care-Duty of care is called a legal obligation which avoids harm and arises where harm or an injury is ‘reasonably foreseeable’ if proper care is not taken. There must be a sufficient relationship between two individuals of a duty of care to exist between them. An example of duty of care is a relationship between bus driver and his passengers.…

    • 923 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In general, torts are considered a form of infraction a responsibility imposed by the civil law. When an individual violates one of those responsibilities, and someone property suffers injury, it is considered a negligence can be a surgeon who misdiagnosis a patient and performs an unnecessary surgery. An example of interference with a contract can be a scam artist who set up fraudulent property rental business to get money from people to run out abandoned houses. In all, there are three types of torts which are intentional, negligence and strict liability.…

    • 458 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Law On Homelessness

    • 241 Words
    • 1 Pages

    In our current era, people sue one another for almost anything. Someone who is walking down the street and looked at in a creepy way by another person which causes them to lose focus and walk into a wall can sue that person for damages caused to them from walking into a wall. Someone can get sued for Parasitic damages if they caused physical injury to another. Somebody who endures misfortune brought about by another's carelessness might have the capacity to sue for harms to adjust for their mischief. Such misfortune may incorporate physical damage, mischief to property, psychiatric sickness, or financial misfortune.…

    • 241 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    Negligence Research Paper

    • 333 Words
    • 2 Pages

    Within today’s society, the tort of negligence has come under the spot light, especially when related to injuries sustained through sport. The reason for this is due to the complex understanding posted by the judicial system, providing a strict guideline as to what is and what is not a negligence action. Negligence is when someone may fail to assert a reasonable degree of care to another to avoid foreseeable harm. A person may be negligent if he or she does not act as a reasonable person who would under similar circumstances. As a result, due to the person not demonstrating what a reasonable person may have done, the ‘plaintiff’ was caused some sort of damage.…

    • 333 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Sister Doris Case Study

    • 787 Words
    • 4 Pages

    This essay compares two individuals who have willing made a choice of conduct in the way they portray themselves to other people. These individual acted in a manner that certain people would consider to be ethical or unethical behavior in society. Ethics is defined as moral principle that governs over a person or group behavior. Sister Doris was an individual who was acting in the interest of others rather than self-interest can be described as ethical, whereas other would not. The individual that would not like in Trading Places, Ophelia who at varies times showed ethical and unethical behavior.…

    • 787 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Tort Essay

    • 770 Words
    • 4 Pages

    Defination The law of tort is defined as a body of rights, obligations and remedies that is applied by courts in civil proceedings to provide relief for individuals or victims (claimant or plaintiff) who have suffered harm from the wrongful acts of others (defendant). Parties which can acquire an action the law of tort Any individual can sue utilizing the law of tort. There is the potential for kids, kids who are conceived with handicaps because of mischief perpetrated preceding conception and even spouse and wife to sue one another. These are a few samples of the way the law has been produced to incorporate certain people.…

    • 770 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Negligence

    • 593 Words
    • 3 Pages

    Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances the four elements the plaintiff must prove to win this case against the grocery store would be. Element 1: Duty which is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty a explain would be a lawyer and a person asking for legal help which then creates a duty for the lawyer to help that person. Element 2: Breach of Duty which means the court will look to see whether the defendant breached this duty by doing that a reasonably prudent person would do under similar circumstances. The term reasonably…

    • 593 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Hlg Case

    • 1334 Words
    • 6 Pages

    The advertisement is an invitation to treat the public to offer an indication and benefits, and consumers can be impacted by advertisements when they make purchasing decisions. The definition of an offer is he or she offer an expression of willingness to make a contract to another one under bound some made rules, which there is no including the negotiation. Thus, it has existed a circumstance that advertisements can be an offer. The first advertisement is an offer.…

    • 1334 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Case 2: Tort Of Negligence

    • 1116 Words
    • 5 Pages

    (explication) The second element of the tort of negligence is:” the Breach of duty” Breach of the duty:the breach of the duty happens when a company or person have a duty of care to a person or employee, but they did not take the responsibility as they supposed, to carry it out, or they did not act as an ordinary person under the circumstances, thus in the eyes of the law they broke the duty of care. (Rotlaw.com, 2015). The standard of care: Is the unique degree of destruction and caution required of a person who is under the duty of care.…

    • 1116 Words
    • 5 Pages
    Improved Essays