elements of negligence

This weeks assignment will give you a fact pattern, and it will ask you to discuss whether the elements of negligence are present. Please keep in mind the following:

You should assume that all facts laid out in the prompt will be stipulated to (agreed to) by both parties. Problems of proof are very interesting, but they are outside of the scope of your reading. You should assume that both sides will admit that everything in the prompt happened.

You must identify all the elements of negligence and apply the facts to determine whether those elements are established.

Perhaps, the most famous negligence case in recent years is the McDonald’s coffee case. The below link provides and interesting factual breakdown of why a jury would rule against McDonald’s in that case: https://www.ttla.com/index.cfm?pg=mcdonaldscoffeecasefacts

Business Law I – Week 2 Assignment

Business Tort of Negligence

Dewayne, a driver for Speedy Delivery Company, leaves the truck’s motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him.

What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument?

Your paper should be between 500-750 words, with at least two cited external resources.