The essay question is as follows (sorry if it's a bit much to read!):
"Terry purchased a new car from Ralph in California based upon Ralph's representation that the car had brand new brakes. He really has no knowledge of the brake condition. Terry takes the car out and goes 10 miles over the speed limit on a winding mountain road, thinking it'd be safe because of what Ralph said about the brakes. A deer runs in front of her and she slams on the brakes. Unfortunately the brakes aren't new, and as a result of extreme brake wear on one side, and the car veers off the road, totaling the car.
Terry wants to file a claim against Ralph because she believes Ralph is responsible for damage under NEGLIGENCE LAW. You've been retained to advise Terry ONLY regarding her NEGLIGENCE claim against Ralph. First, discuss each element of negligence and how the facts support or fail to support that element (do not make up facts or claims which are not presented). Next, discuss any defenses which Ralph may have to Terry's negligence claim."
Thanks so much to anyone who helps :) I want to make sure I cover everything!
sweet.caroline
Duty. What was the duty of the defendant? If there was no duty, then there was no negligence.
There are also some perse negligence. For instance, there is a duty to have autos in good shape. If a person runs into another car, then they are responsible. If it is an act of nature, like a deer running out, then it is no crime. However, who is responsible for damages. I believe that the auto causing the damage is liable as we are to maintain assured clear distance. We need to drive at a speed that is reasonable for the road conditions. We are to maintain isnurance.
You have to show what duty if you feel that there was negligence or if the driver should be held responsible for damages. Has to have some duty.
LAW - laws such as assured clear distance. Show a degree of viiolation of some rule and that creates negligence. Driving too fast for road conditions. not being caution when a sign was given warning of deer. etc.
Contributory negigence -- does the state have contributory negligence and if so, to what extent was the otherwise victim responsible for contributing to the incident as compared to the defendant's contribution toward the event.
Damages - actual. Any punitive? Why
IRAC
Issue
Rule
Application
Conclusion
IRAC is how you argue every issue.
Penny
Did Ralph have a duty to answer Terry's question truthfully when she bought the car?
Did he breach that duty?
Was the breach of duty a proximate cause of Terry's damages?
Orignal From: Help with the concept of negligence, what points should I touch on in my negligence essay?
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