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BLAW Tort Exam Paper - Wesley McLaughlin November 8th 2010...

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Wesley McLaughlin November 8 th , 2010 Tort Exam Paper Cause is described as something that brings about an effect or result. Graziano believes the negligent actions of Nick Bollea caused his injuries. Street racing and driving at excessive speeds is illegal and Graziano wouldn’t be injured if the speed limit was followed. As cause is described above Nick Bollea argues that it was just dumb luck that they crashed. Many people street race and it was unlucky that he crashed and Graziano was injured. Graziano would then call upon avoidability. Avoidability is described as the possibility of avoiding the situation that caused his injuries. Graziano believes it would have been easy to avoid street racing and he wouldn’t have been injured. Bollea would then use avoidability on Graziano as described above. If Graziano would have been wearing his seatbelt like Bollea, then he too would only have minor injuries. Since he was breaking the law by not wearing a seatbelt he was also at fault for his injuries. Next Graziano would bring up forseeability; liability is limited to losses that are foreseeable. It would be foreseeable that going at high speeds would cause a person to lose control of their car. Also it would be foreseeable that you would get injured when crashing at high speeds. Nick would argue that it was not foreseeable that he was going to crash. Bollea could say he had raced his car plenty of times before and also had enhancements in place to keep his car grounded. It would not have been foreseeable to him that he would crash. Graziano then brings up that Nick as well as the Bollea family was negligent. Negligence is described as the failure to exercise the degree of care expected of a reasonably prudent person.
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First off Nick was negligent in racing his Supra. Terry Bollea was also negligent. He let his son, a minor, drink on his boat.
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