The essay question is as follows (sorry if it's a bit much to read!):
"Terry purchased a new car from Ralph in California based upon Ralph's representation that the car had brand new brakes. He really has no knowledge of the brake condition. Terry takes the car out and goes 10 miles over the speed limit on a winding mountain road, thinking it'd be safe because of what Ralph said about the brakes. A deer runs in front of her and she slams on the brakes. Unfortunately the brakes aren't new, and as a result of extreme brake wear on one side, and the car veers off the road, totaling the car.
Terry wants to file a claim against Ralph because she believes Ralph is responsible for damage under NEGLIGENCE LAW. You've been retained to advise Terry ONLY regarding her NEGLIGENCE claim against Ralph. First, discuss each element of negligence and how the facts support or fail to support that element (do not make up facts or claims which are not presented). Next, discuss any defenses which Ralph may have to Terry's negligence claim."
Thanks so much to anyone who helps
I want to make sure I cover everything!
"Terry purchased a new car from Ralph in California based upon Ralph's representation that the car had brand new brakes. He really has no knowledge of the brake condition. Terry takes the car out and goes 10 miles over the speed limit on a winding mountain road, thinking it'd be safe because of what Ralph said about the brakes. A deer runs in front of her and she slams on the brakes. Unfortunately the brakes aren't new, and as a result of extreme brake wear on one side, and the car veers off the road, totaling the car.
Terry wants to file a claim against Ralph because she believes Ralph is responsible for damage under NEGLIGENCE LAW. You've been retained to advise Terry ONLY regarding her NEGLIGENCE claim against Ralph. First, discuss each element of negligence and how the facts support or fail to support that element (do not make up facts or claims which are not presented). Next, discuss any defenses which Ralph may have to Terry's negligence claim."
Thanks so much to anyone who helps
I want to make sure I cover everything!