Writing the legal argument on given issue

Assignment Help Other Subject
Reference no: EM132255310

Tort Law Assignment -

Upon completion of this assignment, you will be able to:

1. Describe the fundamental concepts of tort law from an international perspective based on comparisons of both common law, and civil law, as reflected in Book VI Draft Common Frame of Reference;

2. Identify the main rules that are applicable in tort law in various domestic jurisdictions based on both common law and in Book VI Draft Common Frame of Reference;

3. Compare the main differences and similarities in legal sources, legal reasoning and purposes of tort law between common law and European code based legal systems (as reflected in Book VI Draft Common Frame of Reference);

4. Analyze and resolve a simple and structured tort case in a common law or civil law jurisdiction;

5. Represent a client in a tort law case in a common law or civil law jurisdiction by applying appropriate formal requirements and writing in a persuasive way.

Assignment -

You work for a law firm that represents officer Dudley Doright in an appeal from an adverse ruling at the trial court level in his negligence case against Skidmore Logistics and ACME Truck Repair. The trial court ruled, inter alia, as a matter of law that Doright's injuries were not foreseeable by Skidmore and that therefore Skidmore owed no duty to Doright. You work on an appellate team that is preparing the brief and you have been given the job of writing the legal argument on this issue. Another lawyer on the team drafted the statement of facts and it reads as follows:

I. STATEMENT OF FACTS

An unseasonably severe storm hit the plains in Jefferson State on April 28, 2014. Dudley Doright, an officer with the Jefferson State Highway Patrol, was called to respond to an accident on Interstate 25. The storm had created white-out conditions on the highway. Many motorists were forced to stop their vehicles in the middle of the highway due to the slick, snow-packed roads, high winds, and extremely poor visibility.

Doright approached the accident scene near mile marker 213 in the southbound lane. Frank Poncherello, a deputy from the local sheriff's office was already on the scene. Doright parked his car diagonally across the highway lanes, parallel to the sheriff's car, but staggered a fair distance behind it to increase visibility of the accident scene. Both cars had their emergency lights flashing to warn oncoming traffic.

Doright proceeded to investigate the crash, which was caused by a semi-truck that had side-swiped two passenger vehicles parked on the side of the highway. About twenty minutes later, another semi-truck (owned and operated by Skidmore Logistics) approached the accident scene. The Skidmore truck appeared to be driving too fast for the conditions. Poncherello watched as the trailer slowly slid into Doright's car. The truck's trailer struck Doright's vehicle, as well as a passenger car parked behind it.

Doright could not investigate this second accident, since it involved his own patrol car. He called in Sergeant Jon Baker to respond to the Skidmore Logistics accident.

ACME Truck Repair (ACME) was called to the scene to remove the wreckage from the second (Skidmore) accident. Baker directed the ACME employees to get the Skidmore trailer away from the two cars it had impacted. The ACME employees positioned the wrecker in the passing southbound lane next to the Skidmore truck. They rigged the winch line from the wrecker to the Skidmore trailer, and winched the line. Then they lifted the Skidmore trailer away from the two cars and set it about four or five feet away from Doright's patrol car. Without alerting anyone else, the ACME employees unhooked the winch line from the Skidmore truck.

Once the trailer was lifted and after the winch was unhooked, Doright walked around to the driver's side to inspect the damage. At that moment, the Skidmore trailer slid back across the ice towards Doright's car and pinned him between the trailer and the car. The ACME wrecker team quickly re-attached the winch and managed to pull the trailer away from the car within several minutes. Doright was freed and carried to the side of the road, where he waited for an ambulance. He was treated at a nearby hospital for crush-type injuries.

You will write your section of the brief under the heading.

B. Skidmore Owed a Duty to Doright.

It is crucial to win on this issue as your firm just learned that ACME is going into bankruptcy and has no assets. In order to recover any money for your client, you have to keep the case against Skidmore alive by winning the appeal.

There are other issues on appeal, however, you are to limit yourself to addressing this single argument. Other lawyers on the team are preparing the other arguments.

Case law -

In drafting your part of the brief, you can assume that the legal jurisdiction is one of those odd, hybrid fictional common law jurisdictions that only exist in law school assignments. All of the following cases are applicable in this jurisdiction. Some of them (but not all) are applicable to this issue. You must decide which ones are applicable and use them with appropriate analysis. In other words, explain what the case is about, identify the rule, or test, set out in the case and explain why each case you cite helps your argument that Skidmore owes a duty to Doright. Incorporate and link important facts to your argument. Do not cut and paste the entire statement of facts. It will appear in the complete version of the brief. Just use what you need.

Choose from the following cases:

1. Palsgraf v. Long Island R. Co., 248 N.Y. 339, 162 N.E. 99 (1928)

2. Bourhill v. Young [1943] AC 92

3. Rigby v. Chief Constable of Northamptonshire [1985] 3 All ER 87

4. Donoghue v. Stevenson [1932] AC 562

Only submit the portion of the brief under the heading.

Attachment:- Assignment File.rar

Reference no: EM132255310

Questions Cloud

Until the client receives the object : How much time elapses from when the client clicks on the link until the client receives the object?
Propose improvements to the business process : Propose improvements to the business process. Draw a revised process diagram/model that reflects the improved business process.
Create folders in each of the new user : In linux how would I do the following create folders in each of the new user accounts for usr (first user) and etc (second user)
Write the pseudocode for program : 1. Write the pseudocode for this program with multiple modules
Writing the legal argument on given issue : LAW 3312 Tort Law Assignment, The Hague University of Applied Sciences, Netherlands. Writing the legal argument on this issue
What should be done about the various incidents : Your boss mentions that recently a number of employees have received calls from individuals who didn't identify themselves.
What must you remember to do with you soft skills : You are a new employee at a tech company that provides technical support. What must you remember to do with you soft skills?
Display the total annual compensation : You work for a software company has just created a new incentive for salespeople to earn a commission on each sale.
Write print statement to display the following output : Write print statement to display the following output (the single quote mark, double quote mark, and the backslash in the output must be printed using escape ch

Reviews

len2255310

3/13/2019 12:54:23 AM

Requirements - A4, 800-1000 words, 11 point, 2,5 margin, Header with student name, student number and date. Only submit the portion of the brief under the heading and remember, arguments are intended to persuade! Words: 1000. This course will study principles of tort law in both common law and European code based systems. This course is an international approach to commonalities between domestic legal systems. Under common law systems students will gain a basic understanding of stare decisis and case law based principles by looking at cases from the UK and USA (where 50 state jurisdictions and a federal jurisdiction operate nearly independently with little overt effort to harmonize or make the laws consistent).

Write a Review

Other Subject Questions & Answers

  Cross-cultural opportunities and conflicts in canada

Short Paper on Cross-cultural Opportunities and Conflicts in Canada.

  Sociology theory questions

Sociology are very fundamental in nature. Role strain and role constraint speak about the duties and responsibilities of the roles of people in society or in a group. A short theory about Darwin and Moths is also answered.

  A book review on unfaithful angels

This review will help the reader understand the social work profession through different concepts giving the glimpse of why the social work profession might have drifted away from its original purpose of serving the poor.

  Disorder paper: schizophrenia

Schizophrenia does not really have just one single cause. It is a possibility that this disorder could be inherited but not all doctors are sure.

  Individual assignment: two models handout and rubric

Individual Assignment : Two Models Handout and Rubric,    This paper will allow you to understand and evaluate two vastly different organizational models and to effectively communicate their differences.

  Developing strategic intent for toyota

The following report includes the description about the organization, its strategies, industry analysis in which it operates and its position in the industry.

  Gasoline powered passenger vehicles

In this study, we examine how gasoline price volatility and income of the consumers impacts consumer's demand for gasoline.

  An aspect of poverty in canada

Economics thesis undergrad 4th year paper to write. it should be about 22 pages in length, literature review, economic analysis and then data or cost benefit analysis.

  Ngn customer satisfaction qos indicator for 3g services

The paper aims to highlight the global trends in countries and regions where 3G has already been introduced and propose an implementation plan to the telecom operators of developing countries.

  Prepare a power point presentation

Prepare the power point presentation for the case: Santa Fe Independent School District

  Information literacy is important in this environment

Information literacy is critically important in this contemporary environment

  Associative property of multiplication

Write a definition for associative property of multiplication.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd