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The issue in the case is negligence

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The issue in the case is negligence

Question Two

Issue

The issue in the case is negligence. Mr. Burns intentionally pulled away the chair that Mr. Falcon was supposed to sit on, and this consequently led to Mr. Falcon falling down and possibly sustaining some injuries. Therefore, this could have prompted Mr. Falcon to file a lawsuit against Mr. Burns to seek compensation for the damages he incurred.

Rule

For a complainant to win a lawsuit for negligence against the accused, he/she must prove all the elements. For example, Mr. Falcon must show evidence of incurring damages like injuries or loss for Mr. Burns to be held responsible for negligence. Therefore, a proof that Mr. Burns was negligent may not be successful in the negligence claim if the negligence caused Mr. Falcon no damages. When ruling a negligence case, the court has to locate whether the listed elements were met; duty, breach of duty, damages, cause in effect, and proximate cause.

Application

In this case, Mr. Burns owed Mr. Falcon a duty of ensuring his security. However, by pulling the chair that Mr. Falcon was supposed to sit on, Mr. Burns exhibited negligence. Therefore, the court will have to exhaust all the requirements for granting a negligence case. Mr. Falcon will also have to convince the court that Mr. Bruns’s conduct made him to sustain injuries and other damages. Also, the court will have to consider if Mr. Burns had a proximal cause which he would have foreseen to cause possible harm to Mr. Falcon. After exhausting all the conditions for a negligence case, the court will pas its judgment on the claim by either or not making Mr. Burns culpable for the filed negligence lawsuit

Conclusion

Mr. Falcon may have a viable claim for negligence. It is most likely that the court will rule in favor of Mr. Falcon, and Mr. Burns will be held liable for negligence. Therefore, the court will require Mr. Burns to compensate Mr. Falcon for the damages he incurred because of Mr. Burns negligent act.

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