LEOB PRACTICE FINAL EXAM

LEOB PRACTICE FINAL EXAM - Question 2 Part I The duties...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Question 2 Part I The duties that would be imposed upon Jason would be to obey the speed limit and get his car inspected and serviced. These duties would be imposed because a reasonably prudent person would not be driving 20 MPH’s over the speed limit without knowing that there could be serious consequences. Also he did not meet the standard of care because he failed to get his car serviced. A person is responsible for knowing the condition of their car and that if it was in poor condition it should be serviced. Negligence per se can be established here because Jason violated safety statues by not obeying the speed limit and not getting his car inspected. Part II Jason’s negligence would not be the cause-in-fact of Mr. Winston’s death because due to the expert’s testimony, the accident and death of MR. Winston would have happened irrespective of Jason’s speed. This is exemplified by the expert telling us that despite Jason traveling 90 MPH, Jason would have been able to stop the vehicle had the breaks not failed. Further, he went on to say that Mr. Winston would have died whether Jason was traveling 90MPH’s or 70 MPH’s. Part III The states in which Mr. Winston’s family can bring a lawsuit against Jason are in Virginia, South Carolina, Pennsylvania, and New Jersey. They can sue in Virginia because it is where the action occurred, establishing specific personal jurisdiction. Also, they can sue in South Carolina, Pennsylvania, and New Jersey because they can establish general personal jurisdiction in each one of the previous listed states. This is because
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 3

LEOB PRACTICE FINAL EXAM - Question 2 Part I The duties...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online