Chat with us, powered by LiveChat Refer to Exhibit 3.3 in the text, Elements of Different Causes of Action. Analyze the following factual situation. Determine which causes of action exist a - Writeden.com

Refer to Exhibit 3.3 in the text, Elements of Different Causes of Action. Analyze the following factual situation. Determine which causes of action exist a

 

Refer to Exhibit 3.3 in the text, Elements of Different Causes of Action. Analyze the following factual situation. Determine which causes of action exist and state why they exist.

Connors and Loewe enter into a written agreement whereby Connors agrees to purchase Loewe’s house. Connors asks Loewe about the condition of the roof. Loewe tells Connors that the roof is in good repair. In fact, Loewe recently had a roof inspection done and was told that the roof was in terrible condition and should be replaced immediately. Shortly after Connors moves into the premises, a storm occurs and the roof leaks in several places.

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Chapter 3 Preliminary Considerations and Procedures

Copyright © 2020 Cengage Learning. All Rights Reserved.

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

1

Preliminary Considerations and Procedures

Cause of Action

Time Limitations

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

Determining the Existence of a Cause of Action

Cause of action—legal right to recover damages

Elements of a cause of action

The defendant must have a duty of due care toward the victim.

That duty must have been breached.

The defendant’s careless act must be the actual cause of the damages.

The defendant’s careless act must be the proximate cause of the damages.

Damages must have been sustained.

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

Feasibility of the Lawsuit

Even if cause of action exists, a lawsuit may not be practical.

Determine the cost of litigation

Review the damages suffered by plaintiff

Research the defendant’s ability to pay a judgment

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

Turning Down a Case

If an attorney turns down case, this must be communicated clearly to client.

In writing

Careful about stating opinion

Advise client of statute of limitations

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

Time Limitations

Statute of limitations—time limit for filing a complaint

Unless a case is filed within the appropriate statute of limitations, it will be dismissed, regardless of its merits.

Calculating statute of limitations

Tolling the statute of limitations

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

Time Limitations (cont’d)

Claim statutes

Laches—an equitable principle that prevents lawsuits from being filed when, in fairness to the defendant, too much time has elapsed, even though the statute of limitations may not have expired

© 2012 Delmar, Cengage Learning

Copyright © 2020 Cengage Learning. All Rights Reserved.

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