Torts Exam Response Formula; PLEASE HELP!
Posted: Thu Jul 04, 2013 12:28 am
I would really appreciate some help on how to generally set up a torts negligence response where there are multiple defendants, all negligent and how to separate their claims into different sections.
I've taken numerous practice exams for my torts class and I keep running into an issue with how to set up my response:
For example;
The last practice test I took was a situation where there were multiple defendants were negligent, all jointly liable for the P's injury. How I decided to write the response was to go through and start with the first defendant and show his Duty - Breach - Actual Cause - Proximate Cause and then Harm. This seemed to be working alright until I ran into trouble with the other D's contribution of negligence to the P's injury. When I got to the Actual Harm stage of my repsonse for the first persons liability, I felt the urge to include discussion of the other defendants role in the injury as well, this really screwed me up.
I guess what I am asking is, should I evaluate the claims against each D seperately and go through the Breach-Duty-Actual cause-Prox cause- harm evaluation for each one? Or would it be better to combine them somehow and if so, how would I do that?
Again, if any of you know a good guideline for how to set up a torts exam response and would be willing to share, it would be greatly appreciated, Thanks!
I've taken numerous practice exams for my torts class and I keep running into an issue with how to set up my response:
For example;
The last practice test I took was a situation where there were multiple defendants were negligent, all jointly liable for the P's injury. How I decided to write the response was to go through and start with the first defendant and show his Duty - Breach - Actual Cause - Proximate Cause and then Harm. This seemed to be working alright until I ran into trouble with the other D's contribution of negligence to the P's injury. When I got to the Actual Harm stage of my repsonse for the first persons liability, I felt the urge to include discussion of the other defendants role in the injury as well, this really screwed me up.
I guess what I am asking is, should I evaluate the claims against each D seperately and go through the Breach-Duty-Actual cause-Prox cause- harm evaluation for each one? Or would it be better to combine them somehow and if so, how would I do that?
Again, if any of you know a good guideline for how to set up a torts exam response and would be willing to share, it would be greatly appreciated, Thanks!