Torts - Law

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TortsTorts Essay #2 ID # 104394 1. Phil v. Sub? A. Negligence – Negligence occurs when a defendant breaches a duty of care owed to the plaintiff and that the breach is the actual and proximate cause of the plaintiff’s damages. 1. Duty – a duty of care is owed to all foreseeable plaintiffs. a. Standard of Care – the duty of behaving towards the plaintiff with the degree of care that a reasonable person would exercise in like circumstances. As a security guard, Sub had a duty to act as a reasonable person would under the circumstances. Sub would be required to uphold all the rules and guidelines it takes to carry a firearm and have a permit. b. Breach – Sub breached his duty of a reasonable prudent security guard when he took a job requiring him to carry a gun and he did not have a permit to do so. c. Special Duty Factors – activities require special training. In this case, Sub needs to be trained on how to be a security guard. And, if he has a gun he needs to have the training and permits to legally carry the gun. This defendant will therefore be held to a higher standard of preparedness. Sub’s ability to carry a firearm had been revoked; therefore he violated a statute and would be liable for negligence per se. Sub is negligent by violating a statute that is designed to protect against this type of accident and Phil is within the class of people that the statute was designed to protect. 2. Causation – a. Actual - the plaintiff’s injuries were the actual, factual result of the defendant’s actions. Had Sub not discharged his loaded, unlicensed gun towards Phil, Phil would not have been shot in the shoulder. There is only one cause of this injury and the “but for” test should be used to establish that “but for” the defendant’s breach of duty, the plaintiff’s damages would not have occurred. The defendant’s negligence was

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