(Special direction to instructor: Give each student a copy of the facts in Case I, Chapter 1.) Referring to the facts on the attached sheet (Case I) and the elements and defenses to negligence, discuss whether there may be a cause of action for negligence and defenses thereto.?

Question

What will be an ideal response?

Answer 1

• Duty: It is clear that Mr. Hart had a duty to avoid unreasonable risk to Ms. Forrester, a pedestrian.• Breach of duty: Investigation would have to reveal whether Mr. Hart was inattentive, reckless, speeding, or had obscured vision. There is a good possibility of such a breach.• Cause of injury: It would seem highly likely that Ms. Forrester's injuries were the actual and probable consequences of Mr. Hart's conduct. There is room, however, for the fact that the most natural cause of the injury was Ms. Forrester's own carelessness in crossing the highway.• Injury: Because Ms. Forrester was hit by the van it is likely that there would be some injuries.?Defenses:        • Contributory negligence: If Ms. Forrester failed to check for traffic and/or kept her head tucked into her coat such that she could not see, there is a good possibility of contributory negligence.        • Last clear chance: If it can be demonstrated that Mr. Hart had a chance to avoid the accident despite any carelessness of Ms. Forrester; Ms. Forrester should be able to recover.        • Comparative negligence: Possibility for this as indicated in contributory negligence response. It may also be possible that Ms. Forrester's own negligence could be so great as to bear 51 percent

of the fault.        • Assumption of risk: It seems unlikely there will be evidence of this.