 |
Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Jones v. U.S.
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
| Latest revision | Your text | ||
| Line 1: | Line 1: | ||
'''Facts''': Jones was supposed to be caring for a 10-month-old infant. Jones neglected to do so and the baby died. | |||
Procedural History.: D was found guilty initially | |||
'''Issue''': can Jones be found liable? | |||
'''Holding''': only if he was being paid to care for the infant. | |||
#statute imposes duty | '''Reasons''': legal duty for care must be found. There are 4 possible scenarios in which this legal duty can be found: | ||
#one stands on a certain status relationship to another | # statute imposes duty | ||
#one has assumed a contractual duty to care for another | # one stands on a certain status relationship to another | ||
#one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid. | # one has assumed a contractual duty to care for another | ||
# one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid. | |||
Scenario #3 is the only possible one under which Jones could be found liable. If trial ct. finds that he was in a contract to care for the infant, then he is liable for its death. | Scenario #3 is the only possible one under which Jones could be found liable. If trial ct. finds that he was in a contract to care for the infant, then he is liable for its death. | ||
'''Judgment''': Reversed and remanded. | |||
'''Comments''': Lower ct. must find out if there was a contract (written, oral, or implied) tto care for the imfant. | |||
[[Category:Cases:Criminal Law]] | |||
