TORTSI – QUESTIONSWEEK61.John, who has been mentally ill for years, thought that if his car went fast enough, like an airplane, it would leave the ground. John was driving his automobile, saw a pedestrian in front of him and accelerated to fly. He didn’t fly, he ran into the pedestrian. Has John been negligent?Yes because the mentally ill are held at the same standard of care as the ordinary reasonable person. 2.Same question as Question 1 above except that John has never been mentally ill before, but John has a sudden onset of mental illness. Has John been negligent in that situation? Explain.No because the mental illness came on suddenly and that is a defence. 3.John was driving his car, lost control, and slid onto the farmer’s field next to the road. Is John responsible for negligence? Explain.Maybe… if there are damages then yes, if not, no. Then we have to take into consideration his speed and if he has the burden to slow down. Yes he is because he has the burden to slow down.
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