Question
Case # 2 - Taylor sustained personal injuries in an automobile accident because a person named Carter had left her car in a parking lot
Case # 2 - Taylor sustained personal injuries in an automobile accident because a person named Carter had left her car in a parking lot and had failed to set the parking brake properly.However, Taylor had seen the unoccupied runaway car at a distance of 125 feet, but because she was talking to a passenger, she had failed to avoid the car and was hit.
If Taylor sues Carter for negligence, who should prevail, and why?What legal doctrine would you use in arriving at your conclusion? What is the legal basis for Taylor's claim?What is the legal basis for Carter's defense?If Carter loses and appeals to the higher court, what should the higher court hold?State your legal reasoning for this conclusion. What legal concept do you base your opinion on?Explain the legal terms within this case.Taylor v. Carter, 2 N.C.App. 78, 162 S.E.2d 607 (1968).
Analyze each of these three cases in your mind and then state the legal issues to be considered.
2. Evaluate the legal issues in this case and determine the strengths and weaknesses of (a.) the suit by the Plaintiff against the defendant. List the strengths and weaknesses you identify.
3. Deduce logical and specific arguments based on the information you have learned in Chapters 1, 4, and 6 of your textbook and what you have learned in this course. (I am looking for verifiable deductions from the material we have covered and not just your opinion).You also must cite the source which is the basis for your deduction such as the cases or the writings that are similar which we have covered.You may also seek and cite outsource reputable sources.
4.Infer and state your logical legal conclusions based on your analysis, evaluations, and evidence you have previously stated.This legal conclusion should include (a.) who should win the law suit, and legally why and (b.) who should win the law suit.
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