economics Essay

751 WordsOct 28, 20084 Pages
1. John has committed the unintentional tort called negligence, for the fact that he did not intentionally attempt to hit Susan with his car. Negligence is a tort that occurs when a person unintentionally injures another through lack of attention or lack of care and that person is not lawfully right to do so. In this case, John was driving in his car while having an argument with his girlfriend on his cell phone. He struck Susan with his car while she was crossing the crosswalk because he did not notice her; therefore, he was negligent on his part. If John had not had the heated argument while he was driving he would have been able to pay better attention to his surroundings and not have hit Susan with his vehicle. Moreover, John breached a duty of care that was owed to Susan, while driving his vehicle. A duty of care is a general rule that states “every person has a right at law not to be injured by the actions of another, regardless of whether the actions are deliberate, merely careless or thoughtless on the part of the person causing the injury.” John owed Susan a duty of care not to injure her but he failed to perform that standard of care. Susan is now under a large amount of financial strain and a considerable amount of pain from the accident. When this situation is taken to court, the court will apply the reasonable person test to measure the acts of negligence. They will examine whether John acted as carefully as a reasonable person would under the same situation. However, John’s actions fall below the standard of a reasonable person and therefore, he would be liable for his actions. The court will also try to establish the cause of the injury and determine whether John was the direct and only cause of injuring Susan. This legal process is called proximate cause and if the courts determine that another chain of events had an effect on the injury

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