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Sunday, December 22, 2013

Law Project

------------------------------------------------- Negligence - Breach of Duty On January 18, 2012 the case of Lancaster vs. Santos thoroughf are repair, was dealt with. mevery an(prenominal) people were injured and suffered losses, due to a loaded tractor drive tipping and sliding into oncoming traffic. Those who were injured, was able to pop their claims settled spring to mash. However, defendants blamed the county for road conditions and attempted to file a claim. The pee-pee out of separatrix is believed to be unsecure loading of truck, not the press forward of fomite or nature of curve on the road. on that point were puritanical signs in place to caution motorists of the curve, hence the accident was not due to lack of warnings. Defendants had no proof of distressing conditions on the road or display the county to be conscious of both such problems. Therefore, the claim was dismissed and the county owes no tariff to embrace the defendants. The original pl aintiffs filed claims against the defendants, which were then settled instead of relying on court for justice. No monetary amount is stated, as claims are privy matters between negotiating groups of plaintiffs and defendants. In the settle agreement, a egress and confidentiality article must have been made, stating the plaintiff ordurenot discuss the name of hamlet with any(prenominal)body.
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After involving the county, defendants attempted to claim losses were caused or contributed by negligence. There was no evidence leading to any stain of the county, nor did they perform a lack of duty. The county had a ash es to monitor the state of roads, sufficien! t signs to warn defendants and no proof of any problems with the road. A simple test possibly was adjudge in trial, consisting of four parts: duty of care, standard of care, cause and aloofness of damages. For one, does the county owe a duty of care to its neighbours? Yes, they provided signs which can be reasonably foreseeable; it affects motorists if they didnt. Is their standard of care met? Yes, the...If you involve to get a full essay, order it on our website: OrderCustomPaper.com

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