Reference no: EM133171663

Please respond to discussion question below:

In this case, C would raise a compensatory and punitive tort against the driver due to his negligence on the roadway. In the court of law, C has provides answers to all aspects of a negligence claim towards the driver. The elements required are duty, breach of duty, causation, and damages/harm. Firstly, the duty of the driver was to follow traffic rules, and be aware of everything ahead of them. The breach of duty occurred once the driver blew past a stop sign. The accident was caused by the drivers negligence towards the stop sign and lack of attention. Finally, the damages were any damages towards C in this situation. With the use of C's lawyers and calculators, will establish the cash amount due for the damages. 

The driver may try to counter C's tort with stating they were both equally negligent. The driver could say that although they ran the stop sign, C should not have been crossing the intersection the way they did. In court, the driver would simply have to show that C was in 50% or more fault. If this were to be present, C's claims would be dropped and the driver would not be responsible.