Section 100 provides as follows: “Motorist shall be liable for the foreseeable h
ID: 456676 • Letter: S
Question
Section 100 provides as follows: “Motorist shall be liable for the foreseeable harm or damage caused by their driving. To determine foreseeability, the court must consider road conditions, speed, whether, visibility, and any other circumstance that would affect the likelihood of the harm or damage occurring.”
Charles Wilson ran his truck in the side of a parked car when he came to an abrupt stop at an intersection. There was some oil on the road. Wilsons truck skidded on the oil when he tried to stop at the intersection. The incident occurred at 7pm., just after rush hour.
Was the damage caused by Wilson foreseeable?
Do a factor analysis on the applicability of §100. In your analysis, identify further facts that you would need to investigate.
State how such facts might be relevant to your factor analysis.
If there are unknown facts that you need, state what they are and the factors to which they are (or might be) relevant.
Explanation / Answer
Was the damage caused by Wilson foreseeable?
No, it was caused due to the oil on the road.
Do a factor analysis on the applicability of §100. In your analysis, identify further facts that you would need to investigate.
I would need to investigate who was responsible for the oil on the road.
Why no one report to the authorities the oil on the road.
Was Charles Wilson under the influence of any drug?
State how such facts might be relevant to your factor analysis.
The fact is that the accident would have been avoided if there wasn’t any oil in the road.
If there are unknown facts that you need, state what they are and the factors to which they are (or might be) relevant.
Was there other weather conditions that prevented Charles Wilson to drive safely? Was the car parked on the safe location?
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