We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Business Law – Case Study Essay Sample

essay
The whole doc is available only for registered users OPEN DOC

A limited time offer!

Get a custom sample essay written according to your requirements urgent 3h delivery guaranteed

Order Now

Business Law – Case Study Essay Sample

This paper seeks to respond to given exercises on negligence cause of action and strict liability cause of action.

1.  Exercise: What are the elements in a negligence cause of action? How is actual cause different from proximate cause? What are the defenses?

The elements in a negligence cause of action include the following: (1) There must be a duty on the part of the defendant to use ordinary care; (2) There defendant must have breached that duty required; (3) There must a causal connection that is proximate between the negligent and injury complained of by the plaintiff; and (4) There is damage done to the plaintiff (Budd v. Nixen (1971) 6 Cal 3d 195, 200).

An actual cause is different from proximate cause. The first one is not element of the cause of action for negligence while the other is an element.  For example, the actual cause may be contributory negligence of the plaintiff but such will not excuse the defendant from liability if plaintiff can prove proximate cause along with all the other elements of the cause of action.

The defenses include presentation of a proof or proofs of the absence of any or all of elements of the cause of action for negligence by defendant.

2. Exercise: What must a Plaintiff establish in a strict liability cause of action? What types of activities will cause strict liability to be imposed?

A plaintiff must establish the fact that the defendant is engaged in activity or activities which could make such defendant liable under a strict liability cause of action. There is strict liability when the plaintiff needs not prove negligence of the defendant. Thus, this makes strict liability different from common law negligence.

The activities that could produce strict liabilities include placing a defective product in the market by the manufacturer, which could produce injuries to users who do not need to prove negligence.  Another activity is selling by wholesalers, distributors or retailers of the defective product as placed by the manufacturer above (Codling v. Paglia, 32 NY2d 330, 335).

We can write a custom essay

According to Your Specific Requirements

Order an essay
Get Access To The Full Essay
icon
300+
Materials Daily
icon
100,000+ Subjects
2000+ Topics
icon
Free Plagiarism
Checker
icon
All Materials
are Cataloged Well

Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email.

By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
Sorry, but only registered users have full access

How about getting this access
immediately?

Become a member

Your Answer Is Very Helpful For Us
Thank You A Lot!

logo

Emma Taylor

online

Hi there!
Would you like to get such a paper?
How about getting a customized one?

Can't find What you were Looking for?

Get access to our huge, continuously updated knowledge base

The next update will be in:
14 : 59 : 59
Become a Member