On the advice of her colleague, Stacey hires Harold, a lawyer and an independent contractor, to represent her in a court case. While driving to the courthouse to represent Stacey at trial, Harold negligently causes an automobile accident in which Mildred, a bystander, is severely injured. Who is liable to Mildred?

A) Stacey

B) Harold

C) Stacey's colleague

D) the firm that represents Harold

B. Harold

Explanation:

Harold is liable to Mildred even though the accident took place while he was on his way to represent his client in court. This is because there exist a contractual relationship between him and the client only hence anyother party will not be recognized by the court.

Negligence is when injury or harm is caused to someone by another person as a result of not taking or exercising duty of care. It occurs as a result of carelessness on the part of the defendant.

There are some elements of negligence that must be proven by the plaintiff for it to be considered as negligence in the court of law . They are ;

-Duty of care. The defendant owed the plaintiff duty of care without causing any damage, injury or harm to the plaintiff.

-Breach of duty of care. The defendant did not exercise duty of care expected of him hence breached same.

-Causation. As a result of the defendant not exercising duty of care, such action lead to the cause of the accident.

-Harm to the plaintiff. The failure to exercise duty of care by the defendant caused injury or harm to the plaintiff.

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