Cy Anora, a professional civil engineer, prepares a new tilt-up design for prefabricated industrial buildings. Anora subcontracts the design work for the connection assembly to the concrete foundation to Yech Valstreet, an engineer in the country of Elbonia specializing in concrete. Valstreet speaks limited English. Valstreet prepares detailed specifications and drawings. Anora requests that Valstreet make changes in the design to reduce the cost. Valstreet makes the requested changes, but then attempts to tell Anora that although the changes will work, the new design will increase the risk of instability and has an increased risk of collapse if it receives a strong jolt, such as a moderate earthquake. Anora does not understand Valstreet very well and assures him that he has done a good job.
Three years later, outside in the yard of an industrial building built with the new prefabricated design, a forklift operator, Ure Toast, mistakenly shifts into reverse and slams his forklift backwards into one of the walls, shaking the whole wall and taking a small chunk out of the connection assembly of the wall to the concrete foundation. An eerie vibrating sound is heard and then the wall collapses. Toast is killed. Toast’s estate sues Cy Anora, for professional negligence respectively.
At trial, Toast’s lawyer introduces the testimony of an expert civil engineer who states that any competent civil engineer should have known from the revised plans and specifications that the connection assembly to the concrete foundation was dangerous, independently done new strength calculations, and therefore discovered the deficiencies in the design. Toast’s expert concludes that failure to detect the dangers and revise the design fell below the relevant professional standard of care.
Anora defends himself by claiming that it was not readily apparent from Valstreet’s plans and specifications that the design was unreasonably dangerous and that he was entitled to rely on the specific expertise of Valstreet, who should have put his warning in writing to be understood. Anora’s expert mirrored Anora’s testimony and testified Anora did not breach the professional standard of care.
PLEASE ANSWER THE FOLLOWING QUESTIONS:
1. State Cy Anora’s specific professional standard of care for the circumstances of this case that Cy Anora was obliged to follow. Assume Cy Anora is responsible for the acts and omissions of Valstreet, who was obliged to follow the same professional standard of care as Anora; however, Valstreet is NOT a party to this lawsuit because he could not be served in Elbonia with the complaint.
2. Did Cy Anora breach the standard of care? Why or why not? Make full use of the facts, expert testimony, and relevant law.
3. If you find that Cy Anora breached the standard of care, was his breach an actual cause of Toast’s death? Again, make full use of the facts, expert testimony, and relevant law, including specifically using the but-for test.
4. If you find that Cy Anora breached the standard of care and was an actual cause of Toast’s death, was his breach a proximate cause of Toast’s death? Once again, make full use of the facts, expert testimony, and relevant law, including specifically the foreseeability test.
5. Comparative Negligence: Was Toast negligent in whole or in part for his own death? Make full use of the facts and relevant law, including comparative fault under the ordinary standard of care as to Toast. If you find both parties at fault, allocate fault on a percentage basis; the total must equal 100%.
Answer the five specific questions in the order given. Each question is worth 8 points. In answering the questions, you must discuss the proof or lack thereof for each element or defense.
SO, FOLLOW DIRECTIONS!!!!!!! BE SURE YOU ANSWER ALL THE QUESTIONS!!!!!!!!!!!!!! You do not need to write a lot, but what you do write must make sense and be consistent from question to question.
Why Work with Us
Top Quality and Well-Researched Papers
We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.
Professional and Experienced Academic Writers
We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.
Free Unlimited Revisions
If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.
Prompt Delivery and 100% Money-Back-Guarantee
All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.
Original & Confidential
We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.
24/7 Customer Support
Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.
No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.
Admission Essays & Business Writing Help
An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.
Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.
If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.