Module 4 | academic acers

June 4, 2021

Topic: Palsgaf v Long Island Co
Order Description
This was a debate on the Palsgaf v Long Island Co. You will make arguments regarding the first two elements of a negligence action: duty and breach of duty
will need to consider the following:
? What was the duty of care the employees owed to Ms. Palsgraf?
? Did the employees owe a duty of care to the passenger boarding the train?
? Did the employees owe a duty of care to Ms. Palsgraf?
? Did the employee’s actions meet the standard of care?
? What does the but-for test tell us about this situation?
Group A: should argue that the employees owed a duty of care to Ms. Palsgraf and that they breached that duty of care when they assisted the passenger onto the train causing him to drop the package.
Group B: should argue that the employees either did not owe a duty of care to Ms. Palsgraf or that they did owe her a duty of care, but that their actions did not breach that duty of care.
I was the defendant’s attorney arguing against duty of care (Group B) Should argue that the employees either did not owe a duty of care to Ms. Palsgraf or that they did owe her a duty of care, but that their actions did not breach that duty of care. This is the group summary.
The Rebuttal: Should argue that the employees owed a duty of care to Ms. Palsgraf and that they breached that duty of care when they assisted the passenger onto the train causing him to drop the package.
Jurisdiction, I state in Illinois, so I was thinking using that section for careKnauerhaze v. Nelson, 836 NE 2d 640 – Ill: Appellate Court, 1st Dist., 1st Div. 2005.
Here are the questions used dot the debate: for both teams,
Remember your FIRAC (FACTS, ISSUE, RULE, APPLICATION and CONCLUSION) format. In summary, your written assignment has three parts: (1) A summary of your group’s arguments made in the debate, with any citations; (2) A rebuttal of the other group’s arguments made in the debate, with any citations you used to rebut; and (3) a summary of a case from your own home jurisdiction with facts similar to the Palsgraf case, showing the outcome and the court’s reasoning. You will need to write concisely to get this done within the 3 page limit.

 

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