5 pages essay(no outside source!!!)

profiledylanma123
Factsandquestions.docx

Olivia is a single mother. She takes her daughter Stella (two years old) to a local playground.

Olivia starts talking with another young parent, Ryan. Olivia is distracted by Ryan’s good looks.

Meanwhile, Stella starts to wander over to the road.

Ryan notices a possible catastrophe and rushes out after Stella. Ryan just manages to save Stella

from being run over by Bob, who is driving an unregistered van with very dark tinted windows

within the speed limit. However, Ryan has too much forward momentum and collides with Bob’s

van. Ryan is seriously injured. Bob skids off the road and crashes into some playground

equipment that is within feet of the roadway. A young boy is knocked off the equipment but not

seriously injured. His mother, on the other hand, is so traumatized by the accident that she faints

and is knocked unconscious after hitting her head on a rock. Laura, driving behind Bob a bit too

close sees the above-related events at the last moment because she is checking a text message.

Laura puts her foot down hard on the brakes. Laura’s car skids and she loses control after her

front wheel hits a very deep pothole in the road. She is killed instantly.

There will surely be a number of lawsuits filed.

1. First, describe in detail what it means for a person to owe another person a “duty of care.” Then,

for each person mentioned in the facts (or anyone you can think of that is not specifically

mentioned), tell me if they owed a duty of care to anyone else and why.

2. First, describe in detail what it means when a person “breaches” a duty of care. What standard

does a court hold a person to? Then, for each person mentioned in the facts (or anyone you can

think of that is not specifically mentioned), tell me if they breached a duty of care to anyone else

and why.

3. First, describe in detail what “proximate cause” is. What are the major defenses to proximate

cause? Then, for each person mentioned in the facts (or anyone you can think of that is not

specifically mentioned), tell me if they are the proximate cause of an injury to another.