In the following situations, point out all factual similarities, differences, an

Question

In the following situations, point out all factual similarities, differences, and gaps between the client facts and the facts of the opinion. Do not analyze the law of negligence in (a) or the law of neglect in (b). Focus solely on factual similarities differences and gaps.

Client Facts: Jim is driving his car 30 mph on dirt road at night. e suddenly sneezes and jerks the steering wheel slightly, causing the car to move to the right and run into Bills fence. Bill sues Jim for the negligence.

      Opinion: A pedestrian brings negligence action against Mary. Mary is driving her motorcycle on a clear day. A page of a newspaper unexpectedly flies into Mary’s face because she cannot see where she is going, she runs into a pedestrian crossing the street. The court finds for Mary, ruling that she did not act unreasonably in causing the accident.

Explanation / Answer

Factual similarities - both are driving a vehicle, both happen to cause an accident not by their own negligence

Differences - Jim is driving at night, while Mary is driving on a clear day. So both have different settings, which makes driving conditions difficult for Jim and relatively easier for Mary. Jim hit the fence , which is non living, Mary hit a person.

Gaps - while the driving speed of Jom is given in the case, same is not provided in case of Mary, so it is difficult to determine if she was driving within the speed limits or she was driving rash.

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