Chapter 4 – p99
Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes, the plaintiff alleging claims that Whitten’s work was “substandard, not to code, unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence
The careless performance of a legally required duty of the failure to perform a legally required act. Elements that must be proved are that a legal duty of care exists that the defendant breached that duty, and that the breach caused damaged or injury to another. Should Anderson’s complaint be dismissed or should she be awarded damages? Why? Recovery of damages in negligence requires proof by a fair preponderance of the evidence that the actor lived a duty of care to the victim, which was breached by the actor’s failure. To recover damages, the plaintiff must have suffered some loss, harm wrong or invasion of a protected interest. Anderson suffered some loss of a protected interest, she should be awarded damages. The work that Whitten completed wasn’t done properly and will have to be redone, so the plaintiff should be reimbursed for the fees that she will have to pay to another contractor and she should be awarded what is reasonable.
Almy v Grisham
The defendants asked the court to dismiss the complaint for failure to state a claim. Should the court grant this request?
The defendant’s has a good standing to have the case dismissed based on Almy’s allegations. The first one being that Almy stated that Grisham and Swanson’s alleging, in part, intentional infliction of emotional distress. But Almy was the wrong doer; she wrote anonymous letters which a handwriting analyst confirmed was her handwriting. The second element in Almy view’s she stated that...