Essay Title: 

US CIVIL PROCEDURE MIDTERM

April 3, 2016 | Author: | Posted in law

US Civil Procedure

Sarah who sustained injuries as she drove along a street in Hollywood should seek justice for the injuries she suffered . Sarah should seek jurisdiction over Ted and Crusty in California States at a District Migrate Court for the injuries she suffered when she was struck from behind by a truck

Her complain at the court of law will be to seek for compensation for damages she suffered when she was struck from behind by a truck that was being driven by Ted , an employee of Crusty Bakery . According to [banner_entry_middle]

the law and rules of driving , vehicles that are behind should take good care for any vehicle that is front of them . For this case , Ted who was driving behind Sarah should have taken good care of Sarah vehicle because at her position , he could see Sarah ‘s vehicle

Although Sarah was mistakenly driving in a right turn only ‘ lane instead of the left lane since she was not intending to turn to the right . It is immaterial that Ted could not see her pulling into the left lane to avoid hitting her vehicle . For this case , Ted should not in the first place be driving that first such that he would not avoid such unnecessary accident of hitting Sarah ‘s vehicles just because he suddenly pulled into the left lane

Negligence as defined under the law of tort as defined by Judge Alderson in Blythe v Birmingham Waterworks Co . of 1856 , 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 ‘ It can also be defined that actionable negligence consist in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing care and skill by which neglect the plaintiff has suffered injury to his person or property

Sarah must prove that there was negligence on the part of Ted as he had a duty of observing ordinary care and skills to other motorist while driving on the road . For her to succeed in this case , she must maintain an action for negligence by proving that the Ted owed him a duty of care that there has been a breach of that legal duty and that she suffered injuries to her person or property . It appears that the tort of negligence embraces the above mentioned three ingredients , and unless all of them are present , Sarah is not entitled to succeed in her action

Sarah will definitely succeed in her action of suing Ted for negligence since she suffered in injuries and her vehicle was damaged , Ted breach a duty of observing ordinary care and skill of driving carefully while taking care of other motorist using the road and lastly , there was a breach of that legal duty

In dealing with the tort of negligence… [banner_entry_footer]

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