James, who is in a hurry to begin his first day of work as a highly-paid attorne
ID: 348024 • Letter: J
Question
James, who is in a hurry to begin his first day of work as a highly-paid attorney in a prestigious law firm, drives 80 mph even though the speed limit says 60 mph, loses control of his car, and rams his car into the rear of Keisha’s car, which is going at the speed limit. After he causes the accident, James drives back into the traffic, this time below the speed limit, but because his steering no longer works properly, he drives his car off a bridge and into a field, where a farmer is clearing away weeds with a small fire. James escapes his car just as it explodes, causing a fireball that combines with the small brush fire and burns down the farm and everything on it. Seeing the farmer’s coat lying nearby, James puts it on as a disguise so that he can get away. Identify and explain all applicable legal issues and their probable outcomes.
Explanation / Answer
There are various legal issues in this:
James can be liable for the negligence due to intentional and unintentional acts and for crime of murdering and causing loss of property . There is an issue of deciding the liability and the deciding the intentional and unintentional area of tort. However, in deciding whether this is a crime or just an act of negligence the problems occur in proving the defendant's duty to the plaintiff, the defendant's breach of duty, actual and proximate causation, and actual damages.
However, in current case, this probable outcome will be against the James. He will be declared liable for the injuries and will have to pay for the damages. This is because every driver on road owes a duty towards the others to follow the standards and limits set by the regulatory authorities. Not following this leads to misconduct and person will become liable for the same.
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