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Closed universe memorandum (Term Paper Sample)


A paper on negligence


Closed universe memorandum
Closed universe memorandum
Tort liability of municipality whether police, the fire department or emergency medical services is viable only when certain conditions are fulfilled. A petitioner has to prove that the defendant's failure to respond to the formers' call for help is the direct cause for their injury. The government entity is held liable for tort charges if it can be proved that there was presence of a duty by the county to the individual, if the county breached the duty, if the petitioner suffered injury and the breach of contract is the reason for the said injury. A county department can only be accused of negligence only if there was a duty to the plaintiff and the duty was breached.
In order for petition of negligence against a government entity, the plaintiff must prove without reasonable doubt that there was a form of privity established between the plaintiff and the county official. The county officials such as the police and fire fighters are protected under the constitution and are immune to cases of negligence by the public duty doctrine unless privity is established with the plaintiff. They are obliged to provide duty to the public and not to an individual. This means that duty owed to the public is duty owed to no one. However, a special relationship exists if there is a form of privity between the plaintiff and the public office.
In SINKS v. RUSSEL 34P.3d wash .APP. Div.2.2001, John Stocks and Gerald Stinks contacted 911 to report Cencich had threatened them. As a result the 911 operator told them to wait at the scene for a police officer. This qualifies as a special relationship between the plaintiff and police department. De novo for privity to stand there should be a telephone conversation followed by affirmative agreement to offer assistance.
In BEAL FOR MARTINEZ v. CITY OF SEATTLE 954 P.2d(Wash, 1998), Ms Fernandez called the city of Seattle police department to report that Melissa's (her daughter) was in danger from her husband, Fernando, who was refusing her to take her belongings. As a result, the 911 operator confirmed that a police was dispatched to the route. Thus there was a telephone conversation and affirmative promise for protection. This was not the case in Mary A. Cummins v. Lewis County 156 wash.2d 844. Here Mary Cummins, who was a personal representative of the estate of Leon V. deceased petitioner, argued that privity could be established not necessarily with a telephone conversation but so long as a call was made to the 911 emergency. Leon V., the decedent, called 911 and spoke,'1018E street, heart attack.' According to Mary Cumm...
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