Duty of Care Comparative Common Law Analysis

Cal Poly Pomona Duty of Care Comparative Common Law Analysis Paper

This is an individual assignment. The class is broken down into “Groups” depending on the first initial of your LAST name. The assignment depends on what group you are in. You must do your own work and use Turnitin. I will not accept any paper that has 25% or more “similarity.” See Syllabus. I will also not accept papers that fail to properly cite to sources. Like all papers you’ll submit, formatting is: 1” margins all around, double-spaced, Times New Roman, 12-point font. No headers, extra spaces between paragraphs – none of the little tricks that take up space.

This time, you answer 3 out of 5 questions. There is a 1 page minimum per answer…which equates to an “average” score. As always, if you want a better score…do more than the minimum work required. I can tell when a student has done the work and when they have waited until the last minute to throw something together.

There will surely be a number of lawsuits filed.

Group 1, 2, and 3 Members: First, describe in detail what it means for a person to owe another person a “duty of care.” Then, for each person mentioned in the facts (or anyone you can think of that is not specifically mentioned), tell me if they owed a duty of care to anyone else and why.

Group 2, 3, and 4 Members: First, describe in detail what it means when a person “breaches” a duty of care. What standard does a court hold a person to? Then, for each person mentioned in the facts (or anyone you can think of that is not specifically mentioned), tell me if they breached a duty of care to anyone else and why.

Group 3, 4, and 5 Members: First, describe in detail what “proximate cause” is. What are the major defenses to proximate cause? Then, for each person mentioned in the facts (or anyone you can think of that is not specifically mentioned), tell me if they are the proximate cause of an injury to another.

Group 4, 5, and 1 Members: One potentially unnamed entity would be the government agency (city, town, etc.) that is responsible for the playground and its equipment as well as the condition of the road. Tell me what duties that government agency might owe to each of the persons mentioned in the facts. Was there any breach of duty? What issues might exist with respect to proximate cause?

Group 5, 1, and 2 Members: If this case was submitted to you as a judge, what questions might you have before you issued a ruling? Who do you think is entitled to damages? Who do you think is liable for damages, if anyone? Are there any facts you need before ruling?