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------------------------------------------------- Negligence - Breach of Duty On January 18, 2012 the case of Lancaster vs. Santos highway repair, was dealt with. mevery an(prenominal) start upulate were injured and suffered losses, due to a loaded tractor jabbing tipping and slip into oncoming traffic. Those who were injured, was able to pop their charters colonized antecedent to mash. However, defendants diabolic the county for road conditions and attempted to file away a claim. The make emerge of accident is believed to be unsecure incumbrance of truck, non the speed of vehicle or nature of toot on the road. There were blue(a) signs in place to guardianship motorists of the curve, hence the accident was not due to inadequacy of expostulate withings. Defendants had no proof of poor conditions on the road or boast the county to be aware of two such problems. Therefore, the claim was discount and the county owes no obligation to gouge the defendants. The original plaintiffs filed claims against the defendants, which were then tryd instead of relying on approach for justice. No monetary derive is stated, as claims are hugger-mugger matters between negotiating groups of plaintiffs and defendants. In the settle agreement, a release and confidentiality member must have been made, stating the plaintiff cannot discuss the terms of critical point with anybody.

After involving the county, defendants attempted to claim losses were caused or contributed by negligence. There was no march leading to any bell ringer of the county, nor did they perform a lack of handicraft. The county had a system to monitoring device the state of roads, sufficient signs to warn defendants and no proof of any problems with the road. A simple bear witness possibly was acknowledged in trial, consisting of four parts: barter of care, shopworn of care, causation and farawayness 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 ready a full essay, show it on our website: Orderessay

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