Mike is walking on the sidewalk, on his way to the bus stop. He passes Jo’s house which has a nearly invisible driveway due to a number of bushes and trees lining it. Just then, Jo reverses out of her driveway and hits him with her car. Mike is moderately injured, his guitar he was carrying is damaged and his coat is torn but he gets up and when Jo apologises, he says "well, you will have to pay for my broken guitar and my coat is torn and of course there will be some medical expenses". Jo apologises again, they exchange phone numbers and Jo gives Mike a lift home. Jo comes to you for advice. What would her liabilities be in the tort of Negligence in this situation? Identify the legal issues, set out and apply the relevant case law and reach a conclusion based on the law.

What relevant laws are applicable to the three elements of negligence?(three relevant laws)

Answers

Answer 1

The legal issues revolve around the tort of Negligence. To determine Jo's liabilities, we need to analyze the three elements of negligence: duty of care, breach of duty, and causation.

1. Duty of Care:

Jo owed a duty of care to pedestrians like Mike who may be using the sidewalk adjacent to her driveway. The relevant law for duty of care is established in the case of Donoghue v. Stevenson (1932). This case introduced the concept of the neighbor principle, stating that individuals must take reasonable care to avoid acts or omissions that could reasonably be foreseen to cause harm to others.

2 Breach of Duty: The second element requires determining whether Jo breached her duty of care. In this case, the nearly invisible driveway due to the overgrown bushes and trees could be considered a potential breach of duty. The standard for breach of duty is that of a reasonable person. A relevant case is the objective test established in Blyth v. Birmingham Waterworks Co. (1856), which states that the standard of care is what a reasonable person would do or not do in similar circumstances.

3. Causation:

The final element of negligence is establishing the causation between Jo's breach of duty and the harm suffered by Mike. In this situation, Jo reversing out of her driveway and hitting Mike with her car directly caused his injuries, damage to the guitar, and torn coat. The law of causation establishes that the breach of duty must be the proximate cause of the harm suffered.

Based on the application of these relevant laws, it can be concluded that Jo may be liable for negligence. Her failure to maintain clear visibility of her driveway and subsequently hitting Mike resulted in injuries and damage. Jo could be held responsible for compensating Mike for his medical expenses, the cost of repairing or replacing the damaged guitar, and the cost of repairing or replacing the torn coat. However, it is important to consult with a legal professional for specific advice tailored to the jurisdiction and specific circumstances of the case.

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Related Questions

What is social media harm ?

Answers

Answer:

social media use can also negatively affect teens, distracting them, disrupting their sleep, and exposing them to bullying, rumor spreading, unrealistic views of other people's lives and peer pressure. The risks might be related to how much social media teens use.

Explanation:

While bullying is not a new concept, social media and technology have brought bullying to a new level. It becomes a more constant, ever-present threat -- cyberbullying. The State of Rhode Island anti-bullying laws & regulations define bullying and cyberbullying as follows:

Utility is a measure of what?

A. Money
B. Value
C. Satisfaction
D. Usefulness

Answers

Answer:

C

Explanation:t is a measure of satisfaction an individual gets from the consumption of the commodities.

Mark me brainliest please

Answer:

d

Explanation:

measures the usefulness or preference for a set of goods or services

the taft-hartley act gave states the option of enacting right-to-work laws, which are based on the legal concept that forcing workers to join a union or pay union dues violates their right to .

Answers

The taft-hartley act gave states the option of enacting right-to-work laws, which are based on the legal concept that forcing workers to join a union or pay union dues violates their right to unfair to employers and union members.

In the context of labor law in the United States, the term "right to work" refers to state laws that prohibit union security agreements between employers and unions that require non-union employees to contribute to union expenses. representation.

The Right to Work (RTW) Act gives workers the freedom to decide whether or not to join a union in the workplace. This law also allows employees in unionized workplaces to pay union dues or other membership dues required for union representation, whether they are unionized or not.

Under right-to-work laws, states have the power to determine whether workers can be required to join a union to get or keep a job. Currently, 27 states and Guam give workers a choice when it comes to union membership.

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Who can sign for financial responsibility for you to get your Driver License? Check all that apply.
-Legal Guardian
-Parent
-Any Responsible Adult

Answers

The answer is your legal guardian and parent

Answer:

A. Legal Guardian

Explanation:

A FELONY crime is generally considered to be: A. A Misdemeanor.B. A Major Crime.C. An InfractionD. A Mistake.

Answers

Answer:

B - Major Crime

Explanation:

Misdemeanors are minor crimes. For example, a misdemeanor is stealing something with a value of less than 1000$. An infraction is a general breaking of rules or laws. A mistake is defined as an action or judgment that is wrong.

as a 16 year old is it legal for my parents to make me sleep on the porch with the only water i can drink is from the hose and the only thing i eat is a sandwich and i dont get to take showers inside?​

Answers

i’m pretty sure that’s illegal. i’m sorry that you have to go through that

If your objective is to secure order, authoritarian governments actually work best.

True
False

Answers

i believe this is true.
True !
Explanation:big brain

which of the following is not a recognized defense to liability under the equal pay act?

Answers

The following is not a recognized defense to liability under the equal pay act: "business necessity.

Explanation:Equal Pay Act (EPA) is a US labor law that prohibits employers from discriminating on the basis of sex by paying employees of one sex less than employees of the other sex for the same work.It requires that all employees in an establishment performing substantially equal work be given equal pay. The EPA is a strict liability law, meaning that no proof of intent to discriminate is required; it is sufficient to show that the employer pays different wages to employees of the opposite sex for the same job.

The EPA makes it illegal to discriminate against employees on the basis of gender in terms of pay. The law covers virtually all employers, including federal, state, and local governments. In terms of defenses to liability, the following defenses are recognized under the EPA:the seniority systemthe merit systemthe quantity or quality of productionany factor other than sexBusiness necessity is not a recognized defense to liability under the EPA.

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7. What amendment says that powers NOT given to the national government are reserved (given)
to the states?
(10 Points)
Amendment 1
Amendment 10
Amendment 27
Amendment 14

Answers

Answer:

I'm pretty sure its the 10th amendment.

Explanation:

hope this helps!

the answer is the tenth amendment

The driver filed a motion for judgment notwithstanding the verdict, seeking recovery for 100% of his damages. If the judge grants the motion, what is the most likely reason

Answers

If the judge grants the motion filed by the driver for a judgment notwithstanding the verdict, he will be able to recover the full amount of his damages. The most likely reason for the judge to grant this motion is if the jury's verdict was contrary to the evidence presented during the trial.

If the judge grants the driver's motion for judgment notwithstanding the verdict, it means that he has essentially overruled the decision of the jury. This type of motion is only granted in situations where the jury's verdict was clearly unreasonable or not supported by the evidence presented at trial.

In order to grant a motion for judgment notwithstanding the verdict, the judge must find that the evidence presented during the trial was so one-sided that there could be no reasonable difference of opinion among reasonable people. In other words, the evidence must be overwhelmingly in favor of the driver, and there can be no reasonable interpretation of the evidence that would support the jury's verdict. If the judge finds that this is the case, he will grant the motion and the driver will be able to recover the full amount of his damages.

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A peace officer may make an arrest when he has reasonable cause to believe the person arrested committed a felony, whether or not a felony in fact has been committed.
True/False

Answers

Answer:

True

Explanation:

Brainliest pls

Assume Plaintiff (P) is a Georgia resident. While driving through Birmingham, Alabama, P is involved in an accident with D, an Alabama resident. P alleges more than $75,000 in personal and property injuries. Does a federal court in Georgia have subject matter jurisdiction over this dispute based on the diversity of citizenship of the parties

Answers

Answer:

75,000

Explanation:

i belive this correct

Julie was pulled over by police at 2:00 am and was charged with breaking the curfew law in her town. She was fined and released back to her parents. Which court relates to this case

Answers

The court that relates to the case of Julie being pulled over by police at 2:00 am and being charged with breaking the curfew law in her town is the Juvenile court.

Juvenile courts are courts established for dealing with legal issues involving minors or juveniles who are not yet of legal age to be tried as adults in most jurisdictions.

In this case, since Julie was released back to her parents, it can be inferred that she is a minor, hence the case would have been handled by the Juvenile court. The Juvenile court is mandated with the responsibility of dealing with cases involving minors such as curfew violations, runaways, truancy, and other delinquent acts.

Juvenile courts are designed to address legal matters involving minors who have not reached the age of majority. They handle a range of issues related to juvenile delinquency, including curfew violations, truancy, and other offenses committed by underage individuals. These courts aim to provide rehabilitation and support for young offenders rather than focusing solely on punishment.

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Essay help- Discuss and resolve the debate, issue, or question of whether intersectional and/or queer criminology ought to limit the number of designated classes; e.g., LBTQI etc., or expand them. At what point should the “queering” or “queerness” end? Include in your discussion, how useful the race-class-gender paradigm has been in criminology and its expansion or refinement

Answers

Answer:

The debate over whether intersectional and/or queer criminology ought to limit or expand the number of designated classes is an ongoing issue. Some argue that limiting the number of designated classes, such as LBTQI, can lead to exclusion of marginalized groups within the LGBTQI community. On the other hand, others argue that expanding the number of designated classes can lead to an overly fragmented approach, making it difficult to address the root causes of crime and social inequality.

Taking a nuanced approach that considers the unique experiences and intersectional identities of each individual could help resolve this debate. Rather than focusing on a set of pre-determined classes, criminologists could determine how different forms of social inequality intersect and compound to produce distinct experiences of victimization, criminalization, and marginalization.

The race-class-gender paradigm helps understanding how social inequality operates in different contexts. It recognizes that social categories such as race, class, and gender intersect to create unique experiences of marginalization and disadvantage. However, some argue that this paradigm needs to be expanded or refined to fully account for the experiences of marginalized groups. Critical race theorists support the inclusion of additional categories such as immigration status, sexuality, and disability.

In queering criminology, people should recognize that queerness is not limited to sexuality or gender identity. It can also refer to the ways in which norms, values, and institutions shape our understanding of gender and sexuality. Therefore, the “queering” of criminology should not be limited to LBTQI communities. It should also explore how norms and institutions shape our understanding of race, class, and other social categories.

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In conclusion, the debate over whether intersectional and/or queer criminology ought to limit or expand the number of designated classes is a complex issue. To address this issue, criminologists should take a nuanced approach that considers the unique experiences and intersectional identities of each individual. They should also continue to refine and expand the race-class-gender paradigm to fully account for the experiences of marginalized groups.

Explanation:

Intersectional and queer criminology have gained attention in recent years as a way to explore the multiple layers of oppression that individuals face. Some scholars have argued that these fields should limit the number of designated classes, while others believe that they should expand them. In my opinion, it is important to expand these classes to include a broader range of identities.

The race-class-gender paradigm has been useful in criminology as it has allowed scholars to examine how these three factors intersect to produce different experiences of oppression. However, this paradigm has been criticized for being too narrow and not taking into account the experiences of individuals who do not fit into these three categories. Therefore, it is important to expand the paradigm to include other identities, such as sexual orientation, ability, and nationality.

In terms of limiting or expanding designated classes, I believe that it is important to expand them to include a broader range of identities. By doing so, we can better understand how different forms of oppression intersect and produce different experiences of violence and crime. However, it is also important to recognize that there is a point where the "queering" or "queerness" should end. We should not create so many categories that we lose sight of the individuals we are trying to understand.

In conclusion, intersectional and queer criminology should expand the number of designated classes to include a broader range of identities. However, we should also be mindful of not creating too many categories that we lose sight of the individuals we are trying to understand. The race-class-gender paradigm has been useful in criminology, but it is important to expand it to include other identities.

The federal government can regulate almost every commercial enterprise in the United States.
True or false?

Answers

The statement "The federal government can regulate almost every commercial enterprise in the United States" is TRUE.

The term "federal" refers to the national government in the United States. The government's power to regulate commercial enterprise is derived from the Commerce Clause in the United States Constitution.

The Commerce Clause grants the federal government the power to regulate interstate commerce and foreign commerce. This power extends to almost every commercial enterprise that participates in interstate commerce or trade with foreign countries.

The government regulates businesses to ensure that they do not engage in fraudulent practices, produce harmful products, or harm the environment. The government can also regulate businesses to ensure fair competition and protect consumers.

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who is entitled to death benefits in social security?

Answers

Spouses, children, and dependent parents of deceased individuals may be entitled to death benefits in Social Security.

In the United States, the Social Security Administration provides death benefits to certain family members of deceased individuals. These benefits are designed to provide financial assistance to eligible survivors, helping them cope with the loss of a loved one. The entitlement to death benefits depends on the relationship of the survivor to the deceased individual.

Spouse: A surviving spouse may be entitled to death benefits if they were married to the deceased for at least nine months before their passing. However, this requirement may be waived if the death was accidental, or if the couple had a child together. The surviving spouse must be at least 60 years old, or 50 years old if disabled, to qualify for benefits.

Children: Unmarried children of the deceased may be eligible for death benefits if they are under the age of 18, or up to age 19 if they are still attending high school full-time. Disabled children may receive benefits at any age, as long as the disability occurred before the age of 22.

Dependent parents: If the deceased individual provided at least half of the financial support for their parents, those parents may be entitled to death benefits. The parents must be at least 62 years old and financially dependent on the deceased to qualify.

It's important to note that the amount of death benefits received depends on various factors, such as the deceased individual's earnings and the survivor's relationship to them. Each eligible family member may receive a monthly benefit, and there is also a one-time lump sum payment available to eligible individuals who meet specific criteria.

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A federal appeals court recently halted a proposal by president biden relating to what kind of debt?.

Answers

A federal appeals court recently halted a proposal by president Biden relating to student loan forgiveness plan of debt.

On the same day that a judge dismissed a Republican-led lawsuit by six states contesting the loan-forgiveness scheme, a U.S. appeals court temporarily stopped President Joe Biden's plan to cancel billions of dollars in college student debt.The 8th U.S. Circuit Court of Appeals ordered an immediate stay prohibiting any student debt discharge under the program until the court resolves on the states' request for a longer-term injunction while the ruling against them is reviewed.While the six Republican-led states posed "important and significant challenges to the debt relief plan," U.S. District Judge Henry Autrey in St. Louis dismissed their complaint on Thursday, claiming they had the proper legal standing to prosecute the case.

Thus the answer is student loan forgiveness plan.

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Burt terminated his exclusive right-to-sell listing agreement with Scott, his listing broker, without cause. Burt may legally do this as long as he's ______.
A. Unhappy with Scott's servicesB. Willing to find his own buyerC. A real estate licenseeD. Willing to pay Scott's commission anyway

Answers

Burt may legally terminate his exclusive right-to-sell listing agreement with Scott, his listing broker, without cause as long as he is willing to find his own buyer. (B)

This is because in an exclusive right-to-sell listing agreement, the seller agrees to pay the broker's commission regardless of who finds the buyer.

Therefore, regardless of whether Burt or the broker finds the buyer, Burt is still responsible for the commission. Option A is incorrect because it is not required that Burt be unhappy with Scott's services to terminate the listing agreement.

Option C is incorrect because it is not necessary for Burt to be a real estate licensee to terminate the listing agreement. Option D is incorrect because Burt does not need to be willing to pay Scott's commission for him to terminate the listing agreement.

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Which president signed the Community Mental Health Centers Act in order to
deinstitutionalize the mentally ill?

Answers

Answer:

Signed into law by President John F. Kennedy on October 31, 1963, the Act was the first of several federal policy changes that helped spark a major transformation of the public mental health system by shifting resources away from large institutions towards community-based mental health treatment programs

Explanation:

Hope it helps

the current efforts to get u.s. students involved in service learning activities is being coordinated by the for national and community service.

Answers

It's true that the for national and community service is currently in charge of organizing initiatives to involve American students in service learning projects.

Community service is unpaid labor done by an individual or group of individuals without payment for the benefit and advancement of their local area. Community service can be distinguished from volunteering because it is sometimes required and isn't always done voluntarily. Individual advantages may be realised, but they may also be fulfilled for a number of other reasons, such as citizenship requirements, alternatives to criminal justice consequences, school or class requirements, or requirements to be eligible for certain benefits.

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Quiz Question 6.7
Homework Unanswered
There are two main worries with the following reasoning. What are they?
"New York state's roadways are a death trap; there were 966 traffic related deaths in 2015 alone.
Wyoming is a lot safer with only 190 such deaths in the same year!"

Answers

The two main worries are number of deaths from the accident and the number of accidents taking place in New York.

What causes road accidents?

Other factors that contribute to deadly traffic accidents include driving in the wrong lane, making illegal turns or risky lane changes, having a defective car, tailgating and overtaking when it is not necessary, and running stop signs and red lights.

Without a question, distracted driving is the main factor in auto accidents. A distracted driver is not fully focused on the road; instead, they may be more preoccupied with passengers, a mobile device, or even a cheeseburger.

According to study, following too closely behind oncoming traffic increases the risk of an accident more than speeding does. If you drive too slowly, other drivers may have to brake and accelerate frequently to keep up with you. It might result in confusion, annoy other motorists, and perhaps an accident.

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1. What is a void contract? A void contract is a contract which fails to be enforceable by law is considered as void contract from the time when it lacks enforceability. 2. What is a voidable contract? (LO 6.2, 6.5, 6.6, 6.7) Voidable contract refers to a contract in which one party is in a position or has the right to rescind or enforce the contract, when it is found out the contract contains some defects, as to the free consent. 3. What does it mean if a contract is "illegal by statute"? (LO 6.1, 6.4) 4. What does it mean if a contract is "against public policy"? (LO 6.1, 6.4) 5. In what types of contracts will a minor be bound? Why are these exceptions necessary? (LO 6.1, 6.5) 6. What three conditions must be met for a person to get out of a contract they agreed to online by mistake? (LO 6.1, 6.6)

Answers

1. A void contract is a contract that lacks enforceability from the time of its creation.

A void contract is a contract that lacks enforceability from the time of its creation. It is impossible to enforce a void contract. The law does not consider void contracts to be contracts. They do not create any rights or obligations, and they cannot be enforced.

2. Free consent.

A voidable contract refers to a contract in which one party is in a position or has the right to rescind or enforce the contract when it is found out the contract contains some defects, as to the free consent. In other words, a voidable contract is one that is valid and enforceable, but it can be cancelled by one party.

3. If a contract is "illegal by statute," it means that the contract is prohibited by law.

If a contract is "illegal by statute," it means that the contract is prohibited by law. An illegal contract is one that is made for an unlawful purpose, or one that is contrary to public policy.

4. If a contract is "against public policy," it means that the contract is not in the public's best interests.

If a contract is "against public policy," it means that the contract is not in the public's best interests. Public policy refers to the principles and values that are deemed to be important to society.

5. The goods and services they need.

A minor can be bound by contracts for necessary goods and services, but not for other types of contracts. Exceptions to the minor's lack of capacity to contract are necessary to ensure that they receive the goods and services they need.

6. Three conditions

A person can only get out of an online contract by mistake if the three following conditions are met: (1) they must not have intended to enter into the contract, (2) they must not have been aware of the terms of the contract, and (3) the other party must have known or ought to have known that the person was making a mistake.

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so I was wondering how does homeschooling work, do you do your GCSE, social life in secondary school, will you be allowed to go to uni, maximum price in the UK for a 13-year-old, someone please help?

Answers

If you are doing homeschooling, there’s special centers where you can take ur gcses at the end of may/June every year

The axis powers were made up of coalitions of countries that opposed the ____ powers in World War II


A. Socialist
B. Facist
C. Allied
D. Communist

Answers

The axis powers opposed the allied powers!

Which conflict would most likely be settled by law rather than ethics?

Family members disagree over division of responsibility for household chores.
A teen breaks a neighbor's fence panel while practicing archery.
A student and teacher disagree on the final course grade earned.
A driver damages another car in a grocery store parking lot.

Answers

The  conflict that would most  likely be settled by law rather than ethics is: d. A driver damages another car in a grocery store parking lot.

What is conflict?

Conflict can be defined as a form of disagreement that occur between two or more people. Conflict  is what led to the development of conflict resolution as conflict resolution help to settle the disagreement the people that were involved in a conflict had .

The case that may be  settle by the court of law is when a person damage or  destroy another person property in which the person that commit the damage refuse to repair the damage, the owner of the property can sue the person in the law of court for damage  which will be settle by the jury and   if found guilty the person must pay for the damage.

Therefore the correct option is D.

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Answer:

A driver damages another car in a grocery store parking lot.

Explanation:

Got this right on the quiz! Although another choice might also be settled by law, this one is MOST LIKELY to be settled using law.

if a prepaid smart card or gift card is lost, then the money that was on that card is​

Answers

Answer:

The money in the gift card will be lost aswell if you loose it

is there a statute of limitations on child support?

Answers

The ability to enforce a child support order is not subject to any statute of limitations.

Prior to 1993, the statute of limitations governing support orders was governed by the previous California Civil Code section 4833. The old code allowed a warrant of execution to be used to execute a child support or family support judgement without prior court approval up to five years after the kid turned majority age, and then only for amounts that were up to ten years past due.

The law in California was changed in 1992 to allow spousal and family support orders to be upheld until they are paid. Therefore, until they are paid in full, all child support orders are still valid.

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Do you agree with the restrictions placed on “Freedom to Assembly”? Explain why/why not.

Answers

Freedom of Assembly permits citizens to raise issues, call for change, and get responses from public figures. Without the right to assemble, there are fewer avenues for citizens to access information between elections and chances for engagement in transparent government.

Can the right to assemble be restricted?

A public authority may occasionally impose restrictions on your freedom of assembly and association. This only applies in situations when the authorities can demonstrate that the action was justified in order to safeguard public safety or national security. avert chaos or criminality. Gatherings that pose other imminent hazards to public safety may also be stopped or prevented by authorities.

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A vulnerability is a condition or weakness in (or the absence of) security procedures, technical controls, physical controls, or other controls that could be exploited by a threat.

Answers

Answer:

this is correct, is this cyber security or ccna ?

Explanation:

I can provide you with a good content for ccna

Which of the following notifies the defendant that he, she, or it is being sued?
A. Summons
B. Complaints
C. Pleadings
D. Interrogatories

Answers

Answer:

summons

Explanation:

Answer:

complaint

Explanation:

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