Case Analysis Truck Driver And Trucking Company Essay

Fact Pattern#1 Anthony, Paul and Silvio are the Plaintiffs. A plaintiff is the person/party initiating the civil suit. Truck driver and trucking company are the Defendants. A defendant is the person/party whom the legal action of the suit is sought against. Case involves Negligence. Negligence is a tort. The definition of a tort is a private or civil wrong or injury, other than breach of contract, for which a court will provide a remedy in the form of an action for damages. All torts actions involve three elements of legal duty from the defendant to the plaintiff, breach of that duty and damage as a result. The plaintiffs must prove the five elements of negligence which are the following: 1. Duty of Care-legal duty required the defendant to conform to the standard of conduct established for the protection of others. 2. Breach of Duty-that the defendant failed to exercise reasonable care 3. Factual Cause-defendant’s failure to exercise reasonable care in fact caused the harm the plaintiff sustained. 4. Harm-the harm sustained is of a type protected against negligent conduct 5. Scope of Liability- that the harm sustained is within the â€Å"scope of liability† or proximate cause (Risk standard) The defendant (truck driver) was negligent in that his conduct – speeding was not the standard of conduct established for the protection of others. Breach of duty could be on the truck driver and on Anthony. The truck driver because he should have taken precautions not to speed and toShow MoreRelatedCase Essay2747 Words   |  11 PagesSTUDENT C ASE C OMPETITION The Student Case Competition is sponsored annually by IMA ® to provide an opportunity for students to interpret, analyze, evaluate, synthesize, and communicate a solution to a management accounting problem. Starfire’s Dilemma Capacity at What Cost? By Thomas L. Albright, CPA; Paul E. 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