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Assignment about filing a case Essay

ISSUE

Paul is thinking of filing a case against Wayne after the tragedy during the weekend golf competition. During that time it happened that Paul after striking his ball went along the fairway to where his ball landed. Wayne though to hit his ball after he saw Paul 50 meters away from him near treeline, which he thought to be saved. Unfortunately, Wayne\’s golf ball hit Paul in the face.

RULES

The tragedy happened due to complete negligence from both the parties. The negligence caused the action where the parties failed to perform their duty and responsibilities. The three essential elements of a negligence cause of actions are (1) Duty of Care- the defendant must use ordinary care when he performs any actions. He/she must be confirmed first that his action will not cause any harm to the third party. (2) Breach of Duty of care-whether the defendant has breached his duty of care compared with the reasonable person.

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Would the reasonable person have taken the steps after seeing the possibilities of risk? How might they have acted in this kind of situation? (3) losses resulting from the action- loss or damages suffered from the result of that action.

To make liable for the action the plaintiff must prove that the above three elements are looked into and the loss is directly caused because Wayne breaches his duty of care.

APPLICATION

The cause of action is complete negligence from both the parties. The defendant should have known the risk of getting Paul hit since he was just 50 meters away. Wayne should have maintained extra care of his friend\’s position and he is not in the harm\’s way. Here he forgot his duty of care by not able to warn his friend once he saw his ball going towards Paul.

Or he should have waited a bit longer after being 100% sure that no one is in harm\’s way.

If plaintiff success in proving that the loss and damages are caused due to the breach of the duty of care by Wayne, he will be liable for the loss and damages incurred by Paul.

However, Wayne in his defense must prove that the actual cause was from contributory negligence from Paul side. Paul should have taken extra care of himself. The accident must have been avoided if he waited for their other players to finish their turn.

This will not excuses Wayne from being liable for the action but will definitely reduce the compensation amount to be paid to Paul.

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