Negligence and strict liability theories sample essay

Life is full of mistery and surprises: pleasant and unpleasant. It is impossible to predict what is going to happen the next moment. So happened with Jason; I suppose when he talked about his view of living as a vegetable, he was not taking it seriously probably hoping he would never be one. And one night there is a drunk driver... I assume that under the negligence theory Troy was negligent in his service once he decided to help Jason to “go to heaven”. Troy has performed a careless action. The motivation was to ease friend`s pain as he remembered that Jason often expressed his unwillingness “to be kept as a vegetable”. But Troy not only had no right to decide for Jason`s life though he was in the worst condition, but also should not disregard the moral obligation behind the action which is comparable to crime. As a result, the family was caught in protest. Definitely, in this case family is the unit with a right to make decisions.

Troy`s unintentional but careless action would become his responsibility. Family may agree with Troy someday but still the damage caused by his action would bear unsatisfaction in them, they will blame him. Taking into account strict liability theory, Troy was defective in his service. He has made a mistake though he might have considered it to be the correct action. Consequently, the liability falls on Troy. No matter what was Jason`s condition after an accident, Troy would be blamed for the defective action. One may decide for oneself but not for others when the question is “life or death.” Vegetable state is still alive person, and if the family did not agree to take this life away, then nobody else should either.

There is much in common between negligence and strict liability theories. One follows another. The case with Troy`s action, when viewed under both of those theories, lead up to one conclusion: there is no valid defense for his negligence.
Order custom essay now!