business law

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The first set of facts in these cases of law portrays Antony who is a New Jersey resident and owned a wast disposal company and decided to expand his business to New York city . On one Sunday afternoon , he drove the company 's SUV to Queens for meeting with a local queens based waste disposal company in to enter into a joint venture with the local disposal company for collection of commercial waste . Antony was accompanied by his employees Paul and Silvio who were

sitting at the back seats of the vehicle , and they drove across the George Washington bridge

As they headed to the meeting , the company 's SUV was traveling at an approximate speed of 30 miles per hour on the side streets of Queens Tony stopped for traffic lights as he left along the Long Island Expressway at the Utopia Parkway ramp . a track which was traveling behind them over the speed limit was apparently unable to stop in time and as a result Tony 's SUV was rear ended by the track owned by a fireworks company . As a result Paul and Silvio sustained injuries due to the crash and were hospitalized where the bill was 15000 dollars each and the car could not be repaired due to the extensive damage and was worth 85000 dollars

From these facts , It shows that the truck driver was negligent at some point . According to (Stephenson 13 , there are various elements of negligence which show that a person 's acts are negligent . One element is duty to breach . According to law , it is the duty of a person to anticipate foreseeable danger and take any necessary precautions to prevent them from happening . If a persons act show that the act was unreasonable , it means he /she has breached the duty of care . So as to know whether a person 's acts are reasonable , it asks whether a person of average intelligence and who has the general regard of others would have acted in the same way and if the answer is no , the person 's behavior is therefore seen as reasonable . Law usually assumes that people who are reasonable do not break the law . Although legal duties are not discoverable facts of nature , they are just conclusive expressions that in case of a certain negligent , liability should be imposed for the damage which has occurred

The second element of negligence is causation where for a person to proof causation , the defendants actions must be seen to have been the cause of harm or made the plaintiff to suffer . According to causation if the harm which has occurred would not have occurred without the wrongful act , then the act is the cause of the harm , again , if there is a close connection between the wrongful act and the harm caused , then it is the proximate cause

The third elements of negligence is damages which helps the plaintiff to be restored back to the initial...