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Essay / Research Paper Abstract
A 5 page example of defense strategies for a Tort Case involving two business establishments and an automobile accident. Bibliography lists 3 sources.
Page Count:
5 pages (~225 words per page)
File: D0_Tortcase.doc
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Unformatted sample text from the term paper:
The defense attorney should also consider the role of the Dial Telephone Company. First, it is imperative to understand who the defendants are in the case and what their
roles in the incident were. It is clear that Bella Deball could file suit against Fudd, Smiff and Bargain, and defense strategy and planning needs to consider the interdependence
of these people in events leading to Deballs injuries. After the defendants have been established, there needs to be a number of points of clarification. First, the agreement that
was reached between Franks Place, represented by owner Frank Fudd, and Bargain in regards to the use of parking facilities suggests an oral contract. The defense needs to consider
whether maintenance and upkeep of the parking facilities were discussed or outlined in this verbal agreement. At the same time, the defense attorney should evaluate whether any kind of
written agreement was made in regards to maintenance or joint management of the parking facilities. Any documents regarding the maintenance of the telephone in the Bargain parking lot
should be obtained as well as any repair records following the incident to determine the validity in Deballs story regarding the telephone noises. Any evidence in regards to Deballs
alcohol consumption prior to the accident as well as blood-alcohol tests, if taken, should be utilized to determine if her drinking contributed to actions that placed her in front of
Bubba Smiffs car. Defense should also consider if Deballs weapon was registered and if she had a license to carry it in a concealed manner. A defense based on
Deballs suit against Franks Place because of the injuries she received from Smiffs car, as he was acting in a capacity for Franks Place in transporting Fudd to the establishment,
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