Essay specific features
August 27, 2015
No of pages / words:
3 / 786
Rating of current essay:
Ms. Tom wishes to recover for her injuries. Can she do so?
I researched this case based on these definitions that I found from our class textbook.
A.)Tort- a civil wrong; action by another that results in damages that are recoverable.
B.) Negligence – in order to prove negligence a party must show carelessness’s or may not have thought carefully through his or her actions, but the actions were not done with the intent to cause harm...
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I used two cases that would help with my decision. The first case that I used was Maans v. Giant of Maryland, LLC. The first link is: www.courts.state.md.us/opinions/cosa/2005/161s04.pdf
In case 377 Md. 250, 263:
(2003). Section 343 reads:
A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land if, but
only if, he
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger...
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