still studying; Cow Tort Case
Apr. 16th, 2003 05:56 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
ciroccojBravo!'s still on crack. Whores.
Crack whores, in fact :)
Here's a neato fact pattern:
Guy driving too fast on a wet night, in a car with shoddy brakes, on a highway. Careens off the highway into Farmer A's field and hits a cow. Moo.
OK, so far, it's straightforward negligence, and you got all your elements:
But this is where it gets interesting. Driver ricochets off Farmer A's cow, screeches across the field, and hits Farmer B's fence. Which is one of those barbed-wire-stapled-to-posts jobbies. And upon hitting a post, the wires pull off, also pulling off several staples in the process and flinging them hither and yon across Farmer C's pasture.
Fast forward an indeterminate time. Farmer C's cows are munching away placidly in his pasture, and, not having refined palates, consume the staples. They get tummyaches. Big ones. Probably four tummyaches each, since they're cows and cows have four stomachs. They're sick for a long, long time. This is not good, as they are milk cows. Farmer C loses several days of milk production from several cows, as well as being put through the expense of vet fees and medication. Big financial setback for Farmer C.
So, can Farmer C sue the driver?
If you made this stuff up, people would think you made this stuff up. Amazingly enough, it's real. I wish I had the proper citation because I'd like to read this for myself, but unfortunately QuickLaw has never heard of the case with the citation I was given.
Ooh! Big Gun by Ice-T!!
It's goin' down. Yo the girl got a gun,
best run. Because she's quick to flip and empty out the clip,
and make a man understand where she's comin' from.
The hardcore's connected to the base of her fate.
She just breaks and bring drama to the situation,
ejaculation of my projectile, she's buck wild.
Better recognize when she comes she comes correct.
Collects respect and if not, you catch a broken neck.
Buddy look down and your shirts all bloody,
looks like she caught you with a bad one for messin with da mad one.
Told you bout this girl before, you didn't listen to me.
As I talk, now you're stalked by the hunter of the fronter,
who's size five and sexy.
Quick, they catch your body and another one next week.
Huh it doesn't matter cuz the girl stays strapped
she says she had enough of men and now she's lookin for payback.
And there's no way you can fade her son.
She walks softly but she carries a big gun.
Chorus: She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
And there's no way that you can fade her son.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
The most venemous feminist, homie, she ain't soft.
You give her trouble then she might cut your head off.
Or something that you like to think's the best:
she'll blow big holes in your chest.
She says she gotta cuz she says a lotta ladies won't
She says she gotta cuz she says a lotta ladies don't
She says she gotta cuz she says a lotta ladies can't
She says she gotta cuz she knows a lotta ladies
romance the thoughts of giving men their own medicine.
Electrocute 'em light 'em up like Con Edison,
she got no fear five rings in her ear,
holes in her nose, way-out clothes.
Living life to the fullest buck shot and bullets.
Triggers she'll pull it, Earth she wanna rule it.
Maybe she will cuz she's quick to kill.
The city lights make her dresses tight, yes she bites.
You never know where she'll come from.
She walks softly but she carries a big gun
(chorus)
You got no time to trip or argue, you're through.
I'll bet she gets ya. Homeboy you'll catch a stretcher like so many before.
She's on a bodycount tour. But not rock, she's puttin sucker punks in cops.
You say she's nothin but a woman then you come up shot.
You say "Why you wanna kill me?" and she says "why not?"
Pop she got a body that'll make you cry.
Pop she got a shotty that'll make you die.
Don't bring drama to her homie, cuz you'll wind up flat.
She'll put your ass horizontal then she'll peel your cap.
She got no lovin', love is something that she never had.
She loved her mother but she hate her motherfucking dad.
So stay the hell out her way, cuz the girl don't play,
NONE.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun. (x3)
So don't even try to play her, son.
She walks softly but she carries a big gun. (x3)
So don't even try to front, son.
She walks softly but she carries a big gun. (until fade-out)
Crack whores, in fact :)
Here's a neato fact pattern:
Guy driving too fast on a wet night, in a car with shoddy brakes, on a highway. Careens off the highway into Farmer A's field and hits a cow. Moo.
OK, so far, it's straightforward negligence, and you got all your elements:
- Duty of Care - driver owes a duty to people or beings on or near the highway
- Standard of Care - the standard is that of a prudent driver, and he obviously breached it
- Causation - ::sounds of brakes screeching::MOOO::smuck::mooo...
- Remoteness - car hit cow. Not remote.
But this is where it gets interesting. Driver ricochets off Farmer A's cow, screeches across the field, and hits Farmer B's fence. Which is one of those barbed-wire-stapled-to-posts jobbies. And upon hitting a post, the wires pull off, also pulling off several staples in the process and flinging them hither and yon across Farmer C's pasture.
Fast forward an indeterminate time. Farmer C's cows are munching away placidly in his pasture, and, not having refined palates, consume the staples. They get tummyaches. Big ones. Probably four tummyaches each, since they're cows and cows have four stomachs. They're sick for a long, long time. This is not good, as they are milk cows. Farmer C loses several days of milk production from several cows, as well as being put through the expense of vet fees and medication. Big financial setback for Farmer C.
So, can Farmer C sue the driver?
If you made this stuff up, people would think you made this stuff up. Amazingly enough, it's real. I wish I had the proper citation because I'd like to read this for myself, but unfortunately QuickLaw has never heard of the case with the citation I was given.
Ooh! Big Gun by Ice-T!!
It's goin' down. Yo the girl got a gun,
best run. Because she's quick to flip and empty out the clip,
and make a man understand where she's comin' from.
The hardcore's connected to the base of her fate.
She just breaks and bring drama to the situation,
ejaculation of my projectile, she's buck wild.
Better recognize when she comes she comes correct.
Collects respect and if not, you catch a broken neck.
Buddy look down and your shirts all bloody,
looks like she caught you with a bad one for messin with da mad one.
Told you bout this girl before, you didn't listen to me.
As I talk, now you're stalked by the hunter of the fronter,
who's size five and sexy.
Quick, they catch your body and another one next week.
Huh it doesn't matter cuz the girl stays strapped
she says she had enough of men and now she's lookin for payback.
And there's no way you can fade her son.
She walks softly but she carries a big gun.
Chorus: She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
And there's no way that you can fade her son.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun.
The most venemous feminist, homie, she ain't soft.
You give her trouble then she might cut your head off.
Or something that you like to think's the best:
she'll blow big holes in your chest.
She says she gotta cuz she says a lotta ladies won't
She says she gotta cuz she says a lotta ladies don't
She says she gotta cuz she says a lotta ladies can't
She says she gotta cuz she knows a lotta ladies
romance the thoughts of giving men their own medicine.
Electrocute 'em light 'em up like Con Edison,
she got no fear five rings in her ear,
holes in her nose, way-out clothes.
Living life to the fullest buck shot and bullets.
Triggers she'll pull it, Earth she wanna rule it.
Maybe she will cuz she's quick to kill.
The city lights make her dresses tight, yes she bites.
You never know where she'll come from.
She walks softly but she carries a big gun
(chorus)
You got no time to trip or argue, you're through.
I'll bet she gets ya. Homeboy you'll catch a stretcher like so many before.
She's on a bodycount tour. But not rock, she's puttin sucker punks in cops.
You say she's nothin but a woman then you come up shot.
You say "Why you wanna kill me?" and she says "why not?"
Pop she got a body that'll make you cry.
Pop she got a shotty that'll make you die.
Don't bring drama to her homie, cuz you'll wind up flat.
She'll put your ass horizontal then she'll peel your cap.
She got no lovin', love is something that she never had.
She loved her mother but she hate her motherfucking dad.
So stay the hell out her way, cuz the girl don't play,
NONE.
She walks softly but she carries a big gun.
She walks softly but she carries a big gun. (x3)
So don't even try to play her, son.
She walks softly but she carries a big gun. (x3)
So don't even try to front, son.
She walks softly but she carries a big gun. (until fade-out)
