Wednesday, February 20, 2008

Notes on #19 Assignment

Criteria:

1. An original story or one adapted to suit your needs.
2. Must contain both P and D. Must contain what negligence you are planing to discuss.
3. P must prove negligence by quoting appropriate examples.
4. P. must make a clear claim for damages s/he incurred. Identify these as pecuniary or non-pecuniary. Damages must not be exhorbitant or the court would not allow them unless they are intended to be punitive to make this trial a showcase and a warning for copycats.
5. If ability to pay becomes an issue, be creative in how damages could be satisfied.
6. If necessary, bring in Ds counter claims. Remember: guilt is based an proportional probability.
7. Make a final decision how a judge might rule.

Remember: Any issues that involve motor vehicles will likely be handled through a third party in the form of an insurance company, e.g. ICBC.Neither P nor D would be directly involved. Make sure your case does NOT involve the CROWN or else it likely will be criminal in nature.