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I have some questions about my business class. Thanks in advance :) ( Pretend that there are legal parking spaces on Arbutus Drive, the road
I have some questions about my business class. Thanks in advance :)
- (Pretend that there are legal parking spaces on Arbutus Drive, the road coming up to campus.) Simon parks his car on the lower portion of Arbutus Drive, where it is quite steep. He was running late for class and in his haste, did not set the parking brake. Although Simon thought he left the manual transmission car in 1st gear, the transmission slipped and disengaged. The car rolls down the hill, scrapes a Prius that is driving up the road, crosses the 6th Avenue service drive, breaks through the fencing and smashes into the light rail train. In addition to people on the train sustaining injuries, the impact damages the train and knocks it off its track. In the meantime, the Prius veered off the road into a light post, which fell and sparks from the wiring caught the dry grass on fire. The grass fire spread over Green Mountain and caught a small storage building near C-470 on fire. The building contained a variety of flammable products including propane tanks. The propane tanks and other products exploded causing part of the roof to fly onto C-470 hitting a tractor-trailer. The truck jack-knifed causing a 42 car pile-up. Thankfully, no one was killed. (Do not worry about my inaccurate geography or others things I made up. For the purposes of this scenario, assume everything stated is perfectly accurate. If you are unfamiliar with driving a manual transmission/stick shift auto, please look it up so that you understand why this matters. But do not look up any particular laws related to driving or parking. They do not matter to this scenario).
Analyze the case using the IRAC style of analysis.
- First identify and state the legal issue in the form of a question. What is the legal issue we are examining?
- For the rule, state each element of Negligence
- For the application, separately identify each element and then apply the facts of this case to that element. That is, first identify each of the required elements of negligence. (Review your PowerPoints, if necessary). Then give me a definition or explanation of each element. Finally, tell me how each element applies to this particular fact scenario. So you will have several paragraphs, at least one for each element.
- Finally draw a conclusion. Make sure that you answer whether or not you would find Simon negligent (draw a conclusion based on your application), and identify specifically which injuries Simon would be held liable for, if, in fact, he was held responsible. Do not consider any legal claims or defenses other than Simon's negligence. Do not consider the comparative or contributory liability of any other party. Keep it simple and focused on Simon for this exercise.
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