This essay presents an answer to this question. Employees in the USA are divided into two classes: Just cause employees can be dismissed from employment only for a good reason, such as poor job performance by the employee.
If you have not already done so, take the exam and then compare your answer to this sample. If necessary, you can also review the Torts Rules of Law for this exam. Since law school professors vary in what they consider excellent work, this answer is only presented as a sample.
The injured individuals can seek damages based on a theory of negligence. I will examine the potential liability of each party in turn. The prima facie case for negligence is established by showing a duty of reasonable care, breach of the duty, actual and proximate cause and damage.
David Although David may have breached a duty in not looking when changing lanes, he has a defense in the emergency doctrine. To prove negligence, Peter has the burden to prove that David had a duty to drive more carefully.
One theory would be that David should drive slower than the speed limit when kids were present. All of the facts and circumstances must be considered. David, however, probably breached a duty of care by not looking before he changed lanes.
A reasonable and prudent person would naturally look before changing lanes. Here, however, David can claim two defenses. First, he can claim contributory negligence since Peter was speeding.
Second, David can claim the emergency doctrine. Since his swerving into the lane avoided an accident with Kevin, he was justified in making the split-second decision to swerve. I think that under the duty of reasonable care analysis, David acted with the care of an ordinary and prudent person under the circumstances of an emergency.
Proximate cause limits the liability of David to those risks that were foreseeable. It is as improbable a result as that in Palsgraf.
Peter is liable under the theory of negligence per se since he was over the speed limit. Peter can rebut the presumption of negligence by showing it was the custom to speed on that street; however, the fact that children were present would go to show that Peter had a duty of care to ignore the custom and slow down under those circumstances.
Peter can also argue contributory negligence against both David for swerving and Kevin for running into the street. Although the emergency doctrine relieves David of liability, it does not confer liability on Peter.
Kevin will be judged by the standard of what a reasonable and prudent nine year old would do when playing games in his own neighborhood.
Even so, most kids are taught at an early age to look both ways before crossing the street. Here, it is less clear. The casual connection is closer than it was with David.
I think that it is foreseeable that when someone is speeding they might lose control and damage would result from that loss of control.
While the pole snapping was not foreseeable, the risk of some type of harm coming about was foreseeable. It is not necessary to show that a specific harm was foreseeable as it is that some harm was foreseeable.
TeleCo Although it may not have been foreseeable for this accident to happen, I think that TeleCo is probably liable to Kevin for damages.
Here, TeleCo was under a duty of reasonable care since it knew that its telephone poles would be placed along the sides of roads. It was foreseeable that a car might hit a pole with sufficient force as to knock the pole down. Since the poles are commonly placed in neighborhoods, it is reasonable to conclude that a pole might fall on someone.All India Bar Exam Sample Question Paper.
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To sit for the exam, an applicant must graduate from an ABA accredited law school and be deemed of good moral character. ESSAY QUESTIONS AND SELECTED ANSWERS Applicants were given four hours to answer four essay questions.
4. Torts ESSAY EXAMINATION INSTRUCTIONS Your answer should demonstate your ability to analyze the facts in the question, to tell the differnce between material facts and immaterial facts, and to discern the points of. Supervision and Management - Supervision and Management Leadership is defined as the process of influencing human behavior to achieve organizational goals that serves the public, while developing individuals, teams and the organization for future service.
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