Comparative negligence of a child Essay Example for Free

Comparative negligence of a child Essay Sowhat do you think about this defense? Do you think its viable? Are there other things to consider?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Unfortunately, it is a viable defense.   At least there are legal precedents and provisions for contributory negligence.   But i always that defense was mostly used in business to business contract disputes.   I thought it worked this way: if company A hires company B to do, say, a financial audit.   If company A doesn’t give B all of its records, and then sues them for giving the wrong audit position, then company contributed to the wrongdoing by NOT giving company B the records it needed. Also, considering that this is a 7 year old, the question becomes what 7 year old is beyond negligence.   As adults we have a higher responsibility than children.   I would say that only adults can truly be guilty of contributory negligence.   The main thing to consider is that the driver was drunk.   What could any 7 year old (or 17 or 70 year old) do to ward off a drunk driver.   If he lost control due to his drunkeness there was nothing that child could have done except stay in the house.   And that is unreasonable.   No jury should award in their favor or against the defendant. Pre-Judgment versus Post-Judgment Interest (Response Question) Make sense?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The interest makes sense.   What doesn’t make sense is that there is no precedent or clarification on how the interest is actually calculated.   That is where a good lawyer comes in.   He/she would have to specify how they want it done in the initial lawsuit.   I think that interest on awarded damages gives the recipient an opportunity to be compensated for the time it takes to complete the suit and transfer the money. After 4 years the interest really isn’t pocket money, it is just adjusting the award for inflation.   The other thing interest does is allow you to get more money than would normally be allowed in a particular type of lawsuit.   I think that courts should make uniform rules for the interest rate that can be awarded on specific cases, and set rules on how it will be calculated to prevent further bickering between the parties, and further appeals over the interest that has to be paid.