Tort issues Essay Example | Topics and Well Written Essays - 750 words

Tort issues - Essay Example The other issue is Joe; John’s father. He becomes concerned and follows the ambulance. He drives at 60 miles per hour instead of 35 mile per hour and as a result gets arrested by the police In the first case, John has a duty to obey the speed limits of 10 miles per hour but he refused because of his own negligence. If at all he could have obeyed the traffic law then he could have not find himself in trouble with either Paul or police officers. John’s negligence to Paul may be charged as follows; Loss of income, impact at 25 mile per hour, general damage, loss of camera, unconsciousness and hospitals bills. In this issue there are two standard cares to be discussed under tort of negligence; the first one is the standard care of a reasonable man and the statute care. If the speed limit applies to a pedal bike then John is guilty. But the use of the word â€Å"unable† is an indication that John did not cause the accident knowingly but unintentionally and he was trying to control the situation. John could argue that, he did not see the speed limit sign because it was covered with tree branches. And therefore, it is the constitutional right for the government to provide, and make visible, speed limit road signs as appropriate. Also in Paul’s case, John can rightfully claim that Paul’s act of crossing the road where it is unmarked for pedestrians’ constitutes negligence in his part. Therefore, it is possible for Paul to lose the case under contributory negligence law. In order to avoid such contradiction, the court developed an exception called last clear chance .This rule allows Paul to recover first even though it was his fault. Investigation is conducted to prove who had the last clear chance and if it is found that John had the last clear chance then the ruling is unjust and confusing. The other tort in this scenario is the conversion of the camera. Henry is