Negligence ,Court Litigation and Shopkeeper’s Privilege
Each Question needs to be answered in 250 words
Assignment help – Discussion Question 1
Identify the legal concept of negligence, and discuss the elements necessary to establish a negligence cause of action, as discussed in the text. Be sure to pay particular attention to the issues of causation, foreseeability, proximate cause, and the defenses one may have to a negligence lawsuit, as evidenced in Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928).
Assignment help – Discussion Question 2
Assignment help – Discuss the importance of one’s ability to settle a dispute (both criminal and civil) in a formal court setting. Also, discuss the importance and requirements of the “shopkeeper’s privilege” to a business.
Requirements: 250
Please give 1 reference for each quesetion
Negligence refers to any act or omission which is below a standard required by “ the reasonable man” or non- fulfillment to take reasonable care to avert causing damage or loss to a person.There are essential elements in law that need to be established in order to prove negligence. Significantly, the aspect of causation establishes whether the defendant’s actions caused harm to the plaintiff. Ordinarily, it is unclear what or who caused harm and damage to the plaintiff- however, it is not definite that injuries to the plaintiff originated from the defendant. Hence under negligence causation connects the conduct with the resulting effect.
Under the legal aspect of foreseeability, the defendant is accountable for negligence if their acts or omissions contributed to a “foreseeable injury. Common law denotes that harm and injury is foreseeable where a reasonably careful man in such specific circumstance would have logically preceded that harm to someone in the plaintiff’s position might likely come from the defendant’s actions. In the case of “Palsgraf v Long Island Railroad Company”, the court affirms that liability under negligence is restricted to reasonably foreseeable harm. Where an injury was unintentional, the plaintiff must indicate actions to her (in this case of palsgraf) exhibited likelihood of danger so imminent for her to be covered from the happening of it (“Foreseeability, flying body parts and estate liability – Palsgraf reprise,” n.d.).
The commonly applicable defense in negligence and one that bars the plaintiff easily from recovering damages is contributory negligence. That where a plaintiff’s own negligence aided in causing harm to them, then such actions amount to contributory negligence. Finally,comparative negligence acts as a defense where part of the plaintiff’s negligence proportionally equals and reduces damages reclaimable from the defendant.
Settling a dispute in formal court setting has it’s own unique advantages compared to Alternative Dispute Resolution methods (ADR). A court decision lays a clear legal precedent and sufficiently clarifies the law and rules for future case study compared to other forms of case settlement. Litigation offers precedence which is highly appreciated and helpful in the legal research field. The value of arbitration decisions is legally enforceable and appreciated by parties however, the value of court judgement is powerful in the legal aspect and offers extensive remedies.
Litigation promotes the aspect of public record and openness ,which is an advantage. Significantly, once facts of a case in litigation have been put on record publicly, it will be complex to damage or interfere with aspects of the case with rumours and misleading information especially on social media. Finally, the litigation process yields results in that, once litigants go through the court procedure whether the result is unsatisfactory or not, the court offers options like the appeal process but essentially at the end of the day parties will get a biding decision hence it offers the needed results.
A shopkeeper’s privilege is a unique authority given to merchants/owners to apprehend a suspected shoplifter. Shoplifting is a felony under penal code 459.5 and during detention by the merchant, the merchant must use reasonable force and must hold them for a reasonable time. Essentially, shopkeeper’s privilege is designed to investigate the suspected shoplifting cause (“Shopkeeper’s privilege and the right to detain in California,” 2020). Further the owner or merchant is required to exercise the privilege reasonably to avoid claims for false arrest or imprisonment once the arrested person is cleared of charges.
References
Foreseeability, flying body parts and estate liability – Palsgraf reprise. (n.d.). Center for Agricultural Law and Taxation. https://www.calt.iastate.edu/article/foreseeability-flying-body-parts-and-estate-liability-%E2%80%93-palsgraf-reprise
Shopkeeper’s privilege and the right to detain in California. (2020, July 2). Shouse Law Group. https://www.shouselaw.com/ca/defense/laws/shopkeepers-privilege/
