Lawassign3

Business Law

Assignment 3

Negligence is the failure to use reasonable care. It is also the doing of something which a reasonably prudent person would not do, or the failure to do something, which a reasonably prudent person would do under like circumstances. It can also be a departure from what an ordinary reasonable member of the community would do in the same community. Negligence is also a 'legal cause' of damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such damage, so it can reasonably be said that if not for the negligence, the loss, injury or damage would not have occurred. Negligence may be a legal cause of damage even though it operates in combination with the act of another, a natural cause, or some other cause if the other cause occurs at the same time as the negligence and if the negligence contributes substantially to producing such damage. In this case, I think it is unreasonably dangerous climb a tower during a thunderstorm. However the school may be liable even though it exercised all reasonable care in the design, manufacture and sale of the product in question for not during proper maintenance. You can also consider the chain of causation in this case. A chain of causation is a series of events, each of which was caused by the immediately previous event. This law states that if the result would not have occurred but for what the defendant did, then the prosecution has established a chain of causation. It could be said that if it Zeta Iota Tau fraternity tradition then Steve would not have been in this situation. A proximate cause is an event, which is closest to, or immediately responsible for causing, some observed result. In this case the fraternity would not immediately responsible for causing Steve to get hurt. Assumption of Risk also comes into play into this case because Mr. Simple clearly knew what he was getting into. The beer could have also impaired his judgment but he...