Negligence
1. Define the concept of Negligence providing and explaining its various elements
2. In your own words, provide an example of negligence you have experienced and also provide the liability for your negligence example.
3. What are the defenses to negligence
4. In the case of Palsgraph v L.I.R.R., Palsgraf v. Long Island R.R. Co., Ct. of App. of N.Y.,
248 N.Y. 339, 162 N.E. 99 (N.Y. 1928). the Court provided the concept of “proximate causation”
a. What are the facts, the law and the holding of the court in Palsgraph?
b. What is “Proximate Causation” and how is it applied in everyday life?
c. What is your opinion of the Court’s decision in Palsgraph?
5. Define: Strict Liability
6. Using Lexis or any other legal search tool, or the footnotes in your text book, research any case in which the court applied strict liability and brief the case providing the Facts, Relevant Law, Holding of the Court and your opinion of the Court’s holding.