Torts Week 5 Ind Work - Research Paper Example

Torts Week 5 Ind Work of Torts Week 5 Ind Work Answer No, I am not expecting that the court will grant this motion because the plaintiff fails to provide sufficient evidence to prove that the defendant breached a duty of care. Legally negligence is a type of trot which occurs when an individual breaches their duty of care rested on to another individual and as a consequence, that individual suffers a loss or an injury (Anonymous, 2010). For all peoples the duty of care is obvious. In this case the defendant was driving the 18 wheel tractor-trailer rig at allowed speed but the by mistake break tire gets and causes the accident.

In addition to this, during the court session evidence provided does not show any signs of damage. The driver of the truck bore witness that spare tire has been wrapped around by the chains to stop even tighter to the cradle.Answer # 2Yes, now plaintiff can get help by using the common law. This law is particularly developed as a separate doctrine in order to assist the plaintiffs to verify their cases for any particular conditions. The strict liability doctrine apportions the presupposition of obligation certainly for different types of incidents to the suspect rather than of the plaintiff (Anonymous, n.d.).

This law relieves the duty of proving a disputed charge that generally builds upon the plaintiff when hearing a case. The courts considered blasting and keeping wild animals, for instance, as an unsafe activity in an inherent manner. There developed a presupposition that if an accident due to blasting occurs or a wild animal ran away than whosoever created the explosion or the possessor of the animal was automatically legally responsible for any harm that could normally be associated to these cases.

Therefore this law increased the social cost to individuals that are engaged in unsafe activities (Anonymous, n.d.).ReferenceAnonymous (n.d.). Alternative Rules for Determining Tort Liability. Retrieved from http://www.thelockeinstitute.org/journals/tortliability5.html.Anonymous, (2010). Tort Law: An Overview. Retrieved from http://www.law.cornell.edu/wex/tort