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Complete 3 page APA formatted essay: Course of Conduct.an who acts voluntarily does so at his own peril and is liable for the consequences of the actions voluntarily undertaken, whether intended or as
Complete 3 page APA formatted essay: Course of Conduct.
an who acts voluntarily does so at his own peril and is liable for the consequences of the actions voluntarily undertaken, whether intended or as a result of failure to obey the duty of care he owes to other parties. Using the cases of Lynch v. Fisher and Palsgraf v. Long Island Rail Road, the paper also investigates which of the two theories is more compelling.
Contrary to the view advanced by the criminalist theory by Austin, the mental anticipation of risk must never be required as an element for the imputation of the tort liability. This is because such a legal dimension would permit the incorporation of several unjustified assumptions. These assumptions would more often than not lead to high level miscarriage of justice. “It might be assumed that trespass is founded on the defendant having caused damage by his act without regard to negligence” (Lynch v. Fisher 2). Secondly, it is very difficult for the jury to determine with certainty, the mental intentions of the act, which was done sometime in the past and damages incurred by another party.
Oliver Wendell Holmes points that every man assumes the risk of his acts, be it the consequences are intended, or not, since the acts are voluntary, as demonstrated in the case of Lynch v. Fisher. In ordering, the restatement of the Law of tort’s section 435, the Louisiana appellate court upheld an earlier ruling in which the defendant, Gunter was charged with and convicted for negligence that resulted in physical injury of the plaintiff. This was done on three major grounds. the claim that the defendant was delirious at the time he shot the plaintiff and that he was out of his mind and suffering from temporary derangement of intellect, was rejected on the grounds that because of the defendant’s own negligence, he temporarily lost his power to reason. Additionally, all the rescue efforts had been made and that the actions by the plaintiff were just before the shooting, given that he was giving comfort to the
