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------------------------------------------------- Negligence - Breach of Duty On January 18, 2012 the case of Lancaster vs. Santos way repair, was dealt with. mevery an(prenominal) people were injured and suffered losses, due to a loaded tractor clout tipping and sliding into oncoming traffic. Those who were injured, was able to pop their claims settled preexistent to mash. However, defendants blamed the county for road conditions and attempted to file a claim. The come to out of accident is believed to be unsecure loading of truck, not the stronghold of fomite or nature of curve on the road. there were puritanical signs in place to caution motorists of the curve, hence the accident was not due to lack of warnings. Defendants had no evidence of scummy conditions on the road or display the county to be apprised of both such problems. Therefore, the claim was dismissed and the county owes no duty to embrace the defendants. The original plaintiffs filed claims ag ainst the defendants, which were then settled instead of relying on court for justice. No monetary amount is stated, as claims be privy matters between negotiating groups of plaintiffs and defendants. In the settle agreement, a dispense with and confidentiality article must have been made, stating the plaintiff buttocksnot discuss the ground of hamlet with bothbody.

After involving the county, defendants attempted to claim losses were caused or contributed by negligence. There was no evidence leading to any stain of the county, nor did they perform a lack of duty. The county had a transcription to monitor the state of roads, sufficient signs to warn defendants and no proof of any problems with the road. A simple test possib! ly was admit in trial, consisting of four parts: duty of care, standard of care, cause and aloofness of damages. For one, does the county owe a duty of care to its neighbours? Yes, they provided signs which can be reasonably foreseeable; it affects motorists if they didnt. Is their standard of care met? Yes, the...If you expect to get a full essay, order it on our website: OrderEssay.net

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