Friday, April 12, 2019
Comparative negligence of a child Essay Example for Free
Comparative negligence of a sister Es declareSowhat do you telephone about this defense? Do you think its viable? Are there other affaires to consider? Unfortunately, it is a viable defense. At least there are legal precedents and provisions for contributory negligence. But i always that defense was mostly used in business to business contract disputes. I plan it worked this way if company A hires company B to do, say, a financial audit. If company A doesnt give B all of its records, and then sues them for giving the wrong audit position, then company contributed to the computer error by NOT giving company B the records it needed. Also, considering that this is a 7 year old, the question becomes what 7 year old is beyond negligence. As adults we have a higher responsibility than children. I would say that only adults can truly be guilty of contributory negligence. The main thing to consider is that the number one wood was drunk. What could any 7 year old (or 17 or 70 year o ld) do to hold off a drunk driver. If he lost control due to his drunkeness there was nothing that child could have done except stay in the house. And that is unreasonable. No jury should award in their party favour or against the defendant.Pre-Judgment versus Post-Judgment Interest (Response Question) Make sense? The interest makes sense. What doesnt make sense is that there is no precedent or clarification on how the interest is actually calculated. That is where a good lawyer comes in. He/she would have to specify how they want it done in the initial lawsuit. I think that interest on awarded damages gives the recipient an opportunity to be compensated for the time it takes to complete the suit and transfer the money. later 4 years the interest really isnt pocket money, it is just adjusting the award for inflation. The other thing interest does is allow you to get more money than would normally be allowed in a point type of lawsuit. I think that courts should make uniform rules for the interest rate that can be awarded on specific cases, and set rules on how it will be calculated to prevent further bickering mingled with the parties, and further appeals over the interest that has to be paid.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment