Asked by netta blinchevsky on Jul 28, 2024

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Raheel wants to sue a manufacturer who he believes was careless during the manufacturing process. What do the courts do to make this easier on people like Raheel?

A) The courts are willing to imply a rebuttable presumption of breach of duty from the circumstantial evidence of the injury or loss.
B) The courts are willing to award legal costs to plaintiffs who bring forward these claims, regardless of their success at trial.
C) The courts are willing to waive the usual rules of evidence in the favour of the plaintiff.
D) The courts are willing to construe the evidence in favour of the plaintiff using the contra proferentum rule.
E) The courts are willing to disregard the requirement of a duty of care.

Rebuttable Presumption

A legal presumption that can be overturned or challenged with evidence to the contrary, typically affecting the burden of proof in legal proceedings.

Circumstantial Evidence

Testimony not based on actual observation or personal knowledge; evidence that leads one to infer the existence of other facts.

  • Attain insights into the primary concepts and defensive actions linked to the tort of negligence.
  • Absorb the legal requirements for responsibility in cases concerning accidents, flawed merchandise, or dangerous chemicals.
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Haley DakotaJul 30, 2024
Final Answer :
A
Explanation :
The courts facilitate such cases by implying a rebuttable presumption of breach of duty from the circumstantial evidence of the injury or loss. This means that if the injury or loss can be shown, it is presumed that the manufacturer breached their duty of care, unless they can prove otherwise. This presumption makes it easier for individuals like Raheel to pursue their claims.