Business Law Essay Question

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Date Submitted: 03/16/2011 08:34 PM

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Matthew Retz

Essay #2

BUL4421 Tue/Thr 11-12:20

Paul Jones is suing Anthony Wild for the Tort of negligence:

(Issue) Should Paul Jones be able to sue Anthony Wild for negligence? (Rule)

Negligence: Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances.

In contrast to intentional torts, negligence requires no intent on the part of the tortfeasor, nor does it require that the tortfeasor know or believe the consequences that his act or omission may cause. Negligence merely requires that the tortfeasor’s act or omission create a risk of the consequences complained of by the injured party.

Actionable negligence requires that:

(1) the tortfeasor owe a duty of care to the plaintiff,

(2) which the tortfeasor breaches,

(3) actually causing

(4) a legally recognizable injury to the plaintiff.


Duty of Care: The duty of all persons to exercise reasonable care in their dealings with others.

Reasonable Care: The degree of care expected of a hypothetical “reasonable person”; not necessarily how a reasonable person would act, rather how a reasonable person should act.

Tort law presumes that the reasonable person will be, at a minimum:

(1) attentive,

(2) aware of his or her environs,

(3) careful,

(4) conscientious,

(5) even tempered, and

(6) honest.

Proximate Cause: Exists when the connection between an act and an injury is direct enough to impose liability.

A common and critical element of proximate cause is foreseeability – if the consequence of the act or omission or the victim who is harmed by the act or omission is unforeseeable, no proximate cause exists.

(Application) Anthony Wild’s actions were not of a reasonable person because he was speeding and not using due care. Also, Anthony Wild was texting which shows he was not being attentive, aware of his surroundings, or conscientious. Lastly, he was driving while being upset which infers that he wasn’t even...