Negligence - Breach of Duty
On January 18, 2012 the case of Lancaster vs. Santos highway repair, was dealt with. mevery an(prenominal) people were injured and suffered losses, due to a loaded tractor jabbing tipping and sliding into oncoming traffic. Those who were injured, was able to pop their claims settled antecedent to mash. However, defendants blamed the county for road conditions and attempted to file a claim. The make out of accident is believed to be unsecure loading of truck, not the speed of fomite or nature of curve on the road. There 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 poor conditions on the road or display the county to be aware of both such problems. Therefore, the claim was dismissed and the county owes no obligation to embrace the defendants.
The original plaintiffs 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 release and confidentiality article must have been made, stating the plaintiff cannot discuss the terms of hamlet with anybody.
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 system to monitor the state of roads, sufficient signs to warn defendants and no proof of any problems with the road. A simple test possibly was acknowledged in trial, consisting of four parts: duty of care, standard of care, causation 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 want to get a full essay, order it on our website: Orderessay
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