Question
Barbara Black is 42 with a grade 7 education who has been at home raising her children.She was injured in a motor vehicle accident.Harry Hardnose
Barbara Black is 42 with a grade 7 education who has been at home raising her children.She was injured in a motor vehicle accident.Harry Hardnose is employed by ICBC, the negligent driver's insurer. Harry telephoned Barbara and offered her $7,000 for her claim for pain and suffering and income loss.Harry did so even though he suspected that Barbara's injuries were more serious and that she had not recovered which facts, if true, would entitle Barbara to a much greater sum of money.At the time it seem like a lot of money to Barbara and so she accepted the $7,000 in full settlement of her claim without legal advice.
Barbara did not recover and her injury is permanent.Barbara's friend takes her to a lawyer who advises her that she accepted a small fraction of what she is entitled to and convinces her to sue.
1.What is the legal issue/question?(s)
2.What is the rule of law/legal test?
3.an argument for the Plaintiff applying the rule of law/test to the facts
4. an argument for the Defendant applying the rule of law/test to the facts
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