Haley Smith13 April 2009EGR 445Homework 5: Negligence1. Standard of care defines a specific legal duty for specific circumstances; it is the objective description of the legal duty. By standard of care, one has a duty to act as a reasonable, prudent person. Therefore, standard of care is meant to help guide a person how to act in a reasonable manor.2. Issue: Is Ruth negligent for leaving her car in neutral and failing to engage the parking break?Rule: Negligence is an act which is done carelessly, recklessly, thoughtlessly, or foolishly and results in harm. Negligence can be proved by the following elements; duty, breech, causation, and damages.Analysis:1.Duty: Does Ruth owe a duty to Jim? Ruth has a duty to follow the standard of care to any individual, no matter who you are. She also has a duty to properly park her vehicle which would be to not have her care in neutral and not use a parking break, especially on a hill.
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