1. commode has committed the unintentional tort called negligence, for the f bit that he did non intentionally attempt to hit Susan with his railway car. Negligence is a tort that occurs when a soul unintentionally injures another by lack of attention or lack of palm and that foreland is not lawfully mature to do so. In this case, ready was driving in his car mend having an ground with his runty girl on his cell phone. He struck Susan with his car while she was crossing the crosswalk because he did not carte du jour her; therefore, he was negligent on his part. If lav had not had the heat argument while he was driving he would get down been qualified to pay better attention to his surroundings and not have hit Susan with his vehicle. Moreover, put-on breached a trading of care that was owed to Susan, while driving his vehicle. A obligation of care is a customary rule that states every person has a right at law not to be injured by the actions of anoth er, careless(predicate) of whether the actions are deliberate, merely careless or thoughtless on the part of the person causing the injury. washstand owed Susan a duty of care not to injure her but he failed to act that standard of care. Susan is now down the stairs a large enumerate of financial strain and a considerable amount of strike from the accident.
When this situation is taken to court, the court will apply the delightful 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, Johns actions fall under the standa rd of a reasonable person and therefore, he ! would be liable for his actions. The court will also try to assert the cause of the injury and fructify whether John was the direct and thus far cause of injuring Susan. This legal process is called proximate cause and if the courts square that another chain of events had an effect on the injury caused previous(prenominal) Susan will not succeed in holding John liable for her injuries. In this case, John was...If you want to get a full essay, order it on our website: BestEssayCheap.com
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