Defending And Testing The Lawsuit – Coursework Example

Litigation Paralegal The complaint is actually defective because there is no substantial claim against the defendant. The injury of the plaintiff as much as it is alleged to have been caused by the conduct of the defendant does not in any way substantiate as to whether the conduct amount to negligence. The minor premise that the defendant was injured as a result of the defendant conduct is weak and inconsistent because mere conduct does not per-se amounts to negligence. The first affirmative defense is absence of the breach of the duty of care. There is no proof that the defendant negligently breached the duty of care. The falling down could have been accidental. The other affirmative defense is that major principle of negligence implied in the complaint does not seem to hold up and in that case when proved in court the case will most likely collapse. The burden of proof will rest with the plaintiff and therefore should proof beyond any reasonable doubt that there was breach of duty of care. The following elements are not supported by the facts to amount to negligence; whether the defendant was negligent and whether the defendant’s negligence was the cause of injury, damage or harm to the plaintiff.
The syllogism method applies in finding defects in this case in that the issue was whether the plaintiff injury was a result of the defendant’s negligence. The minor premise is that the plaintiff was a customer in the defendants premise and the major one in negligence, whether there was a legal duty of care and if the said duty was breached. The disconnect between these facts open room for the attack.
With affirmative defenses the burden of proof rest with the defendant and by all means must proof beyond any reasonable doubt that the plaintiff’s allegations are untrue. The dead of me yes could not have discharged the contract because it was a company run by three people. The delay is therefore not justifiable. Quite a number of unsatisfactory supplies could also be a subject due for litigation. However briar patch doll didn’t specify whether defect will be acceptable and if so to what degree. The defendant could blame the dead of one of the stakeholders that were unprecedented to the disruption of daily activities and smooth running of the production process hence resulting to delays. Nonetheless the defendant supplied despite the challenges it faced.
James W.H. & McCord, J.D. (2007). The Litigation Paralegal: A Systems Approach. New York:
Cengage Learning