Paper On The Details Of Contributory Neglience Finance 2244 Essay

1599 words - 7 pages

Contributory Negligence
Delmarius Gilliam
East Carolina University
Contributory Negligence
Question (a)
Contributory negligence is a common law rule (instead of a statutory rule) that serves as a defence against a negligence suit. Pursuant to the Restatement (Second) of Torts, the concept of contributory negligence is defined as a plaintiff’s conduct that falls short of a reasonable standard of self-protection expected of the plaintiff himself, and if this conduct or omission of the part the plaintiff constitutes a proximate cause to the damages suffered by the plaintiff, then the plaintiff will be barred from bringing a negligence suit against the defendant, even though the plaintiff’s fault is small and the defendant’s conduct is comparatively large (Gardner, 1996). The following cases shed light in greater detail the actual application, meaning and effects of a doctrine of contributory negligence.
The origin of doctrine of contributory negligence can be tracked way back to an early English case in 1809, namely, Butterfield v. Forrester (Gardner, 1996). In this case, the court rejected a plainitff’s claim when a defendant caused an obstruction to be present on a road that, in part, led to an accident causing injuries to the plaintiff. In arriving at this decision, the court held that one’s failure to exercise care does not dispense with another’s exercising reasonable care for himself (Gardner, 1996). As far as the United States is concerned, the first contributory negligence case in the country was Smith v. Smith 1824 (Gardner, 1996). More specifically in the state of North Carolina, the Supreme Court first applied (not just making references in dictum) the concept of contributory negligence in the case of Morrison v. Cornelius 1869 (Gardner, 1996). In this case, the plaintiff brought a negligence claim against the defendant because the latter’s failure in properly providing equipment storage services caused damages to the plaintiff’s property. Rejecting the plaintiff’s claim, the Supreme Court of North Carolina held, inter alia, that every person who had an ability to care for himself but failed to do so will be guilty of contributory negligence, and will not be eneitled to make a claim against a defendant (Gardner, 1996).
Question (b)
As far as the plaintiff’s attorney is concerned, he may avoid the rule by arguing the last clear chance doctrine. This doctrine was adopted by the North Carolina Supreme Court in the case of Gunter v. Wicker 1881 (Gardner, 1996). To successfully invoke this doctrine, the plaintiff’s counsel shall prove the following elements (Gardner, 1996). First, the plaintiff has, due to his own negligence, caused harm to himself. Second, the defendant sees and is aware of the position of the plaintiff. Third, the defendant should have discovered the plaintiff’s condition in time to prevent injuries to the plaintiff. Fourth, despite such notice, the defendant fails or refuses to take reasonable care to avoid injuries...


The title of my essay is Campaign Finance Reform

427 words - 2 pages funds. This would cause the candidates to be more concerned with the issues than the money they have to raise. Also, this would give candidates opportunities to compete against rich adversary's funding their own campaigns. Likewise, it would make available indispensable responsibility of political campaigners to the electorate. Finally, it would help in reducing large donors in campaigns.However, it does seem that unregulated campaign finance

Analysis of Amazon for Investors - Managerial Finance - Research Paper

603 words - 3 pages Introduction Amazon has experienced a phenomenal growth since its May 1997 IPO. Its stock price has soared a massive 111,260% from then onwards. In 2018, Amazon’s stock price has been up by 43% compared to an industry average of about 9.2%. With this history in mind, many investors may feel that Amazon’s stock has become very expensive and that they may have missed their chance to gain on this investment. However, analyzing the company’s

Analysis of Romeo and Juliet. Identifies conflicts, tone, mood, atmosphere and character details. - Secondary School/ English - Essay

1189 words - 5 pages Romeo and Juliet Essay William Shakespeare, a renowned author, is known for his timeless literature that has been loved and analyzed for centuries; his piece on Romeo and Juliet is no exception. Romeo and Juliet is about two star-crossed lovers who cannot foresee a future without one another. However, due to their family’s never ending feud being seen together itself will cause an uprising in their town of Verona let alone getting married. The

Research Paper on The History of Oceanography

3099 words - 13 pages lithogenous, hydrogenous, biogenous, and cosmogenous sediments. Lithogenous sediments are the major sediments on the ocean floor. They are derived from the chemical and mechanical weathering of rocks. Biogenous sediments are composed primarily of the protective outter covering of small marine animals and plants. If these remains comprise at least thirty percent of the sediment it is called an 'ooze'. 'Oozes' were named for the types of organisms that

Black Panther Essay about the importance of diversity on the film screen - UWRT 1104 - research paper

524 words - 3 pages Erin Cannegieter LBST 2102 April 18, 2018 Word count: 503 The Black Panther Essay When a heroic movie hits the screens millions of eyes turn to watch the latest entertainment. These movies often start Caucasian male actors which save the world against a “larger than [regular] life” villainous entity which often aim to dominate a certain population. Movies like “Man of Steel” and “Iron Man” both fall under these characteristics along with many

Essay on the history and mechanics of Bicycle Racing - Williamsville North/ Gym - Research paper

2113 words - 9 pages Free used other vehicles to get to the finish. They were stripped of their stage wins and titles and the new winner was the fifth place rider, Henri Cornet. The Third Tour put it back on track. The team that had dominated the first 2 Tours was now permanently banned and the contestants, after the consequences of cheating that had become clear after the last tour, were too scared to cheat. The tour was the longest yet and had 5 more stages than the

Hip hop essay on the history of rap - College mus 360 - Research paper

2153 words - 9 pages and the meaning/feeling/texture/etc. equals C)? 3. Just think about “So, the consumers have become producers, and this has taken a lot of power away from the record companies” (Jeff Chang on sampling in McLeod and Dicola (2011)). What does this matter, especially when you consider the question above? 4. In general, how was creativity measured in the golden age of sampling, and how did music by the Native Tongues exemplify this value? 5. Be able to

what is an american? the details of what it means - english 10 - essay

642 words - 3 pages American To be an American means to have privileges, rights, and freedom. America isn’t perfect, but it is one of the only countries that have rights given to people of different diversities and gender. America does not have tremendous poverty. Instead we have choices given to us by the people who have fought and died for the American people. Without the patriots who planted the first seed in the ground and help plant the American nation we live

impacts on the invention of the plane - history - research paper

468 words - 2 pages Stalkfleet Kiley Stalkfleet CBA Paper Moeller 5 12/1/17 Impacts on the Invention of the Plane There are many impacts on the Invention of the plane. The Wright Brothers, Wilbur and Orville, are responsible for aviation. The airplane is the most influential invention of all time. Airplanes have made traveling times change from months to just hours. The most obvious social impact from the development of airplanes is the reduction of travel time. “A

Religion Essay on the facts of the Bible and Jesus's life eternal. - Religion, St. Wenceslaus - fact paper

1259 words - 6 pages sanctity; offering light as a service) • The star of the Magi (God; light; guide) • The dark, cave-like background (the world in sin)  Seer: The Basilica in Higuey is the site of great pilgrimages by worshippers of Our Lady of Altagracia, who come yearly on January 21, her feast day, to the shrine in search of physical health as well as spiritual well-being.  Every day many witnesses of the extraordinary divine action of Altagracia arrive at the

Ethical Paper on the ethics involved in the work of a Human Service Professional - Human Services - Essay

585 words - 3 pages Renee Parker HUSE-220-78 Professor Dundee November 25th 2018 Ethical Paper Becky has presented an ethical issue. Becky has AIDs and is not responding very well to her new medication. Becky has a 4 year old daughter whom she fears she will not be able to properly care for as her health is failing. The ethical issue that Becky has presented is that she would like to kill herself, and she would like for me to help her to find a good home for her

Research Paper on Cask of Amontillado - english 101 - Essay

1162 words - 5 pages act, and thus the story’s theme of revenge, is the short story’s social class aspects and how they relate to both Montresor and Fortunato. At this period in time, Fortunato is a dominant and affluent man in society. This is evident when Montresor states that Fortunato “was a man to be respected and even feared.” Montresor, on the other hand, does not appear to be as affluent as Fortunato. Poe does suggest, however, that Montresor might have once

sichuan china 2008 and paper on the impacts of the earthquake on the population - geography - research paper

423 words - 2 pages Sichuan, China 2008 A 7.9 Magnitude earthquake the strongest to hit China since 1950 Aiden Studdard What happened? On May 12th 2008 a 7.9 magnitude earthquake rocked the Sichuan province of China and left a staggering number of people affected from not the most destructive but had a huge impact on human life with 87,150 people confirmed killed and many more missing after the disaster Infrastructure Poor Infrastructure in the Sichuan area caused

final paper on the effects of advertising on the youth and how ad companies manipulate the youth - english - paper

1732 words - 7 pages bodies. It seems as if everywhere you look an advertisement is ready to manipulate children with what appears to be delicious foods associated with fantasies or kids shows on television. For example, fast food restaurants have instances of using skinny female models in their advertisements eating their product, like a cheeseburger. This kind of ad tricks the consumer into thinking that they can look as good as the model and maintain a healthy body

Analysis on The Pattern of Mythical Heroes' Deaths - University of California, Los Angeles - Research Paper

2100 words - 9 pages die and be remembered by generations. This essay will be focusing on the latter category of heroes, by looking at the tale of Hercules from Ancient Greek mythology and two of its multiforms, the Celtic tale of Cuchulainn from Ulster Cycle and the Jewish tale of Samson from the Book of Judges, these three primary heroes all share the similarity of heroic ending of their lives by choosing their own ways to die. Through close reading of each tale