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Thursday, February 28, 2019

Comparative negligence of a child Essay

Sowhat do you depend about this defense? Do you think its viable? Are there other things to consider? Unfortunately, it is a viable defense. At least there are legal precedents and provision for contributory negligence. But i al focussings that defense was mostly utilize in business to business contract disputes. I thought it worked this way if telephoner A hires company B to do, say, a financial audit. If company A doesnt give B all of its records, and then sues them for expectant the wrong audit position, then company contributed to the wrongdoing by not giving company B the records it needed.Also, considering that this is a 7 year old, the challenge becomes what 7 year old is beyond negligence. As adults we drive home a higher responsibility than children. I would say that only adults piece of ass really be guilty of contributory negligence. The main thing to consider is that the driver was drunk. What could any 7 year old (or 17 or 70 year old) do to ward off a drunk dri ver. If he lost control due to his drunkeness there was nothing that child could have done except stay in the house. And that is unreasonable. No jury should represent in their favor or against the defendant.Pre-Judgment versus Post-Judgment Interest (Response Question) Make sense? The use up makes sense. What doesnt make sense is that there is no precedent or clarification on how the interest is actually calculated. That is where a good lawyer comes in. He/she would have to specify how they want it done in the sign lawsuit. I think that interest on awarded damages gives the recipient an hazard to be compensated for the time it takes to complete the suit and transfer the money. after(prenominal) 4 years the interest really isnt pocket money, it is practiced adjusting the award for inflation. The other thing interest does is allow you to get much money than would normally be allowed in a particular compositors case of lawsuit. I think that courts should make uniform rules for the interest rate that can be awarded on specific cases, and set rules on how it will be calculated to prevent further bickering between the parties, and further appeals oer the interest that has to be paid.

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