Reference no: EM132974704
1. On Monday, Penny Maker drove her motorcycle from Bellingham to Lynnwood. Penny left Bellingham at 6:00 am and arrived in Lynnwood at 9:30 am. It had been raining all morning and Penny was having a hard time controlling her motorcycle. Suddenly a cat ran in front of Penny's motorcycle. Unfortunately, Penny ran over the cat. Penny lost control of her motorcycle and ran into Mrs. Smith's flower bed. Mrs. Smith started to scream. Mrs. Smith's screams caused a nearby neighbor (Nellie Nervous) to have a heart attack. Nellie fell over and landed on her bedroom lamp. Sparks from the lamp caused the curtains to catch fire. The fire soon spread to Percival Pincher's home. The home burst into flames which then spread to two nearby homes. All homes were destroyed. Other than Nellie's heart attack, there were no bodily injuries.
In a negligence suit against Penny Maker, discuss how a court would determine: (1) Actual Causation and (2) Proximate Causation. Explain your answers in detail.
2. Explain how and why the court would have to perform a foreseeability
3. There are four aspects to foreseeability: foreseeability and types of harm, foreseeability and classes of victims, foreseeability and the extent of harm, and foreseeability and the nature of the victim. explain
"Would there have been no accident, 'but for' the unreasonable conduct of the defendant?" (Sukys 178). Explain why you agree
Mrs. Smith's flower bed, but the other following events such as Nellie Nervous's heart attack, and the houses burned down, despite being unforeseeable, still make Penny liable for the chain of events.
Explain why do you agree