Tort liability ( respondents superior) is a major expense and concern for your business.The most common tort cause of action faced by your business is negligence. The most common allegations of negligence for your business arise from automobile accidents.Recently, your business has faced four lawsuits based on the following four incidents: 

1. On November 4, Driver #064 ran a red light and crashed into a minivan, slightly injuring two occupants.
2. On November 29, Driver #088 was sprinting up the stairs of a high-rise office building attempting to deliver a package on time, when he slipped and fell into an elderly gentleman who was walking down the stairs the other direction, breaking the man's hip. The man asked his neighbor to feed his cat while he was in the hospital, but when he visited the man's home the cat escaped, never to be seen again.
3. On December 4, Driver #001 was driving exactly the speed limit when her brakes failed. (Your company checks the brakes on all vehicles monthly; the average company with vehicle fleets checks its brakes every 3 months.) In order to avoid colliding with other vehicles, she drove into a field, allowing her to slow down gradually but partially destroying a corn crop.

For each of the four incidents described above:

• Identify the relevant fact(s) for each of the five essential elements of negligence set forth below (note the five essential elements of negligence duty, breach, causation, proximate causation, and damages)

• Predict the result (liability or no liability) for each incident, remembering that for a negligence cause of action to succeed, the plaintiff must prove all five elements are satisfied. If you believe no facts were provided for one or more elements, please say so.

Answer rating: 100% (QA)

Lets analyze each incident based on the five essential elements of negligence duty breach causation ... View the full answer