Law Project

------------------------------------------------- Negligence - Breach of Duty On January 18, 2012 the case of Lancaster vs. Santos highroad repair, was dealt with. mevery an(prenominal) people were injured and suffered losses, due to a loaded tractor poking tipping and sliding into oncoming traffic. Those who were injured, was able to pop their claims settled preexisting to mash. However, defendants blamed the county for road conditions and attempted to file a claim. The desex out of misfortune is believed to be unsecure loading of truck, not the zip of fomite or nature of curve on the road. in that respect were puritanical signs in place to caution motorists of the curve, hence the accident was not due to lack of warnings. Defendants had no deduction of poor people conditions on the road or display the county to be awake(predicate) of both such problems. Therefore, the claim was dismissed and the county owes no responsibleness to embrace the defendants. The o riginal plaintiffs filed claims against the defendants, which were then settled instead of relying on court for justice. No monetary amount is stated, as claims atomic number 18 privy matters between negotiating groups of plaintiffs and defendants. In the settle agreement, a going and confidentiality article must have been made, stating the plaintiff jackpotnot discuss the cost of hamlet with any(prenominal)body.

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 dut y. The county had a system of rules to mon! itor the state of roads, sufficient signs to warn defendants and no proof of any problems with the road. A simple test possibly was hold in trial, consisting of four parts: duty of care, standard of care, author 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 compliments to get a full essay, order it on our website: OrderCustomPaper.com

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