Duty the issue of if the defendant breached a care

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duty, the issue of if the defendant breached a care duty tends to be decided by the judge as a question of fact. Hence in the scenario, the judge would make a decision regarding Gerry’s exercise of reasonable care in breaking out the driver and hitting the golf ball to Cash Mart’s backyard. Cause in Fact Under the typical rules in cases of negligence, the plaintiff is supposed to prove that the actions of the defendant are the main cause of the injury suffered by the plaintiff[Leo76]. Often it is referred to as but-for causation which means that if it were not for the actions of the defendant, the plaintiff would have not suffered the injury. In the scenario, this element is proven by demonstrating that if it were not for Gerry’s negligence Patty would never had suffered the harm causing her to spend five days in the hospital. Proximate Cause Proximate cause is in relation to the defendant’s responsibility scope in the case of negligence[Leo76]. The defendant in this case is only held responsible for such injuries that could be foreseen via his actions. If at all the defendant caused damages which are not within the risk’s scope that could have been foreseen by the defendant, then it is impossible for the plaintiff
PATTY PLAINTIFF’S REALLY BAD WEEK 5 to prove that the action of the defendant is the immediate cause of the damages to the plaintiff. Gerry was supposed to have foreseen the damages he caused because he was aware that his backyard is close to the store’s parking lot where a lot of people are passing by. Damages In this kind of case, the plaintiff is supposed to prove a legally acknowledged harm often in form of physical injury[Leo76]. It is less sufficient for the defendant’s failure in exercising reasonable care. Failing to practice reasonable care should lead to an actual damage to the plaintiff. Does Patty have a right to privacy when using Acme Corporation’s e-mail system? Discuss the elements of the claim and how those elements relate to the facts in the scenario.

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