Even complicated and confusing topics will be easily developed and covered if you request our help writing an essay. Place an order today!

Need help with my writing homework on Law. Write a 250 word paper answering;

Law Case Study-B Question A. The tort of negligence as was defined by Judge Alderson in the case of Blyth v Birmingham Waterworks Co, 1856 states that it is “the breach of duty caused by the omission to do something which a reasonable man, guided upon those considerations, which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do” (Magnus, Martín-Casals & Boom, 2003). Consequently, this definition may be rightly put to imply the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill by which neglect, the plaintiff has suffered injury to hi person or property.

In the ensuing case of Prof. Robinson, a prima facie case of negligence can be brought, based on the elements of negligence:i. Duty of care owed to the plaintiff by the defendant.ii. A breach of the duty of care.iii. A cause in fact i.e. an actual causal connection between the harm caused to the plaintiff and the conduct of the defendant.iv. A proximate cause related to whether the harm could have been foreseen.v. Damages resulting from the conduct of the defendant.In articulating a case for the plaintiff, I would base on these elements and factor out the following.

First, the defendant, ABC Go-Kart, owes everyone that enters the premise guarantee for their safety especially when using their equipment and cars for racing. In this particular case, the defendant’s employee fails to inspect the brakes which results in the failure of the breaks of Obama. As such an accident occurs and Robinson dies from it. Consequently, the defendant owes the plaintiff, a duty of care since it was expected that by the nature of the races that take place in the area, the waiting area should have been shielded from the tracks. thus, no wheels could fly and ram into those in the waiting area.

Therefore, based on these incidences, I find that the defendant breached the duty of care by failing to exercise reasonable care in ensuring that the wheels of the cars for racing are properly fitted and the braking system is working. Consequently, they failed to show reasonable care in that the waiting area was left open when the same, according to Pennsylvania law, ought to have been covered so people would not get hurt from such incidences. Therefore, a cause in fact may be determined on these two grounds in that had it not been for the defendant’s negligent actions, the injury through death would have not occurred to the plaintiff.

In considering the proximate cause for this incident, it is evident that ABC Go-Kart as the defendant would have foreseen such the scope of such an occurrence and taken adequate responsibility to prevent it. For instance, had they paid the mechanic well, he would have performed his duty accordingly and the brakes of Obama would have not failed. As a result, the plaintiff can seek for damages for such actions of negligence. The death of Professor Robinson in itself is a legal ground for which negligence can be proved hence, damages sought for.

Failure of the defendant to exercise care is not enough but, payment of damages to the plaintiff will be legal (Best & Barnes, 2007).ReferencesBest, A., & Barnes, D. W. (2007). Basic tort law: Cases, statutes, and problems. Austin: Wolters Kluwer Law & Business.Magnus, U., Martín-Casals, M., & Boom, W. H. (2003). Unification of tort law: Contributory negligence. New York: Kluwer Law International.

testimonials icon
appraise the literature pertaining to human factors related to workDetailsIn this assessment task students are required to:Cri...
testimonials icon
/*! elementor - v3.6.5 - 27-04-2022 */ .elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading...
testimonials icon
/*! elementor - v3.6.5 - 27-04-2022 */ .elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading...
testimonials icon
Answer below in 150 words What is the relationship between personal ethics and business ethics? ...
testimonials icon
300 word summary. APA format with in-text citation. Articles are located under the study data. I provided all choices so you can choose 1....
testimonials icon
How is grief from this sudden death likely to differ from death resulting from chronic illness? Module 4Case Study #3...
testimonials icon
I need help doing the continuing cookie chronicle for the wiley financial accounting book 7e....
testimonials icon
Kent State University Netflix Recent Strategic Marketing Action Presentation...
testimonials icon
Surname:1Student nameProfessorCourseDateFactors influencing CrowdfundingStakeholdersStakeholders to crowd funding campaign consist of people or group...
testimonials icon
Running Header: ORGANIZATIONAL STRUCTURESOrganizational StructuresInstitutional AffiliateDateORGANIZATIONAL STRUCTURESThe strengths of using a decent...
testimonials icon
Hello allI am seeking a reliable source the assist me in the completion of this assignment. It is an 8-10 page paper regarding t...

Other samples, services and questions:

Calculate Price

When you use PaperHelp, you save one valuable — TIME

You can spend it for more important things than paper writing.

Approx. price
$65
Order a paper. Study better. Sleep tight. Calculate Price!
Created with Sketch.
Calculate Price
Approx. price
$65