Question
ill it be difficult for West and Richardson to prove that East Tennessee has a duty to them? Why is this question difficult? 2. What
ill it be difficult for West and Richardson to prove that East Tennessee has a duty to them? Why is this question difficult? 2. What about whether East Tennessee Pioneer breached a duty? Hint: Your answer needs to have the word "reasonable" in it. 3. Did East Tennessee cause the damage? Hint: Don't forget you need to think about both actual and proximate cause. 4. Why will it be easy for West and Richardson to prove the injury and damage element of negligence? 5. Defenses. Assuming West and Richardson are able to prove duty, breach of duty, cause (both actual and proximate) and damage, by the preponderance of the evidence, East Pioneer will then have the opportunity to assert defenses. a. Contributory or comparative negligence. Does this theory seem relevant? b. Assumption of the risk. Does this theory seem relevant? 6. If West and Richardson are able to prove their claim, and East Tennessee is unable to prove defenses, estimate the amount of money West and Richardson are likely to win. Explain how you arrived at your estimate. a. West b. Richardson
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