Advise Marco as to whether Noa is liable in the law of negligence for his injuries.
Understand the Problem
The question is asking for legal advice regarding whether Noa can be held liable under the law of negligence for an accident involving Marco, who was injured due to Noa's actions. The focus is on examining the circumstances of the incident and the applicable legal principles.
Answer
Noa is likely liable for negligence.
Noa is likely liable for negligence as he breached his duty of care by texting while driving, causing Marco's injury. However, Marco's failure to follow medical advice might reduce Noa's liability.
Answer for screen readers
Noa is likely liable for negligence as he breached his duty of care by texting while driving, causing Marco's injury. However, Marco's failure to follow medical advice might reduce Noa's liability.
More Information
In negligence cases, the duty of care, breach, causation, and damages are key elements. Marco's actions post-accident could influence the extent of liability through contributory negligence or similar doctrines.
Tips
A common mistake is overlooking the impact of the injured party's actions on liability, such as not following medical advice.
Sources
- Elements of a Negligence Case - FindLaw - findlaw.com
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