Sunday, February 9, 2020
Others Assignment Example | Topics and Well Written Essays - 500 words - 1
Others - Assignment Example From the evidence given in the case scenario, Jill had taken all the necessary means to ensure that everyone in the neighborhood was safe. This means that he had fulfilled his obligations of duty of care. It is evident that he had anticipated the threat posed by the animals, and therefore taken proactive measures. It is also clear that he was not responsible for the release of the animals in the neighborhood. A third party (protesters) went at night, and released all the animals, hence leading to the loss incurred by the neighbor. It was a surprise attack, meaning that he did not have much time to alert the authority. If he had also been given a permit to keep the animals within the neighborhood, then he should win the case. On the contrary, if the relevant authority had not been consulted, then he has a case to answer for putting the lives of citizens in danger. As it stands, though, he will win the case against his accuser. In the case of Frank and Shah, both individuals can be awarded remedies by the court as compensation for wrongs done. Shah will be found guilty of battery, owing to the fact that he made a physical contact with Frank. This is demonstrated by the broken nose and significant bruises. Shah failed to control his emotions, and instead chose to attack an unarmed individual, who also did not cause any threat to his life. He cannot argue that he was trying to defend himself from any attack. On the contrary, it was Frank who tried to protect himself. Even if he got very angry after being accused of shoplifting, he used excessive force, going to the point of causing physical injuries. Further, he should have reported the matter to the relevant authority, instead of taking attacking the accuser. For these reasons, it is possible that he will be found guilty of battery, and will be required to pay for damages. On the other hand, Frank has also a
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