Question: please answer this question tq guide me please i am not good with this subject tq help show step by step thank you very much
please answer this question tq guide me please i am not good with this subject tq help show step by step thank you very much i am legit panic
The following example is meant to illustrate a typical question and suggest an approach on how you might outline the relevant issues and facts. Unless you have already taken torts, you probably won't immediately recognize why some of the facts are relevant. What's important to see here, however, is not the law, but to illustrate that once you know the law, you should note the relevant facts in order to spot the issues. David is driving 25 MPH in 25 MPH zone down a four lane street where there are children playing. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process he hits a car, driven by Peter, that was speeding past him in the left-hand lane going in the same direction. Peter loses control of his car, hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. TeleCo never did any testing of its poles to establish how easily the poles broke. The only factor used in manufacturing the poles was cost. The poles were made of low quality trees and were not treated in any significant manner except for a coating of tar. No reinforcement was used on the poles. What are the various liabilities and rights of the parties involved?
OUTLINE Who are the potential parties? Under what legal theory can they bring an action? What are the defenses? What are the significant facts proving the theory or defense? What are the damages if defendant is held liable?
step 1 explain tort
step 2 in order to claim under negligence 3 element
step 3 breach of duty
step 4 causation in fact
step 5 causation in law
step 6 defence
step remediies and conclusion
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