Asked by Kathleen Rimmer on Sep 30, 2024
Jack had taken his girlfriend Jenny on a long drive.While driving on the highway,he suddenly had a severe headache and lost control of the car.They collided with a passing car.The doctor had previously warned Jack that he has a brain tumor,due to which he would experience occasional pains.Jenny sued Jack for negligence.Will she succeed?
A) Yes,because Jack could reasonably foresee severe pain,which might lead to accidents.
B) No,because Jack did not intend to cause an accident.
C) Yes,because Jack caused the accident.
D) No,because she should have sued the driver of the passing car which hit them.
Brain Tumor
An abnormal growth of cells within the brain or the central spinal canal.
Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, resulting in harm to another party.
Foreseeable Pain
Pain that can be anticipated or expected in given circumstances, often considered in legal contexts regarding negligence or malpractice.
- Acquire knowledge on the basic tenets of negligence, which include the responsibility of care, failure to uphold this responsibility, determining causation, and evaluating compensatory damages.
- Analyze how foreseeability and the reasonable person standard play a role in determining negligence.
Learning Objectives
- Acquire knowledge on the basic tenets of negligence, which include the responsibility of care, failure to uphold this responsibility, determining causation, and evaluating compensatory damages.
- Analyze how foreseeability and the reasonable person standard play a role in determining negligence.