EXTERNAL OR ADVOCACY WRITTEN MEMORANDUM Essay Example | Topics and Well Written Essays - 1500 words

EXTERNAL OR ADVOCACY WRITTEN MEMORANDUM - Essay Example Later in the night, the defendant Kerry Knight, the varsity basketball coach arrived bringing with him a keg of beer. Although there was a note which said â€Å"Do not drink if under 21† on the keg, most of the guests, 21 or not, drank anyway and the defendant did not stop any of them. The plaintiff was initially offered a cup of beer by his friend Richards and later went to the keg himself for a refill. The defendant left the party at one time leaving the guests drinking and finishing up the keg. The plaintiff had several more cups and when the keg was almost empty was about to leave Devin’s house when the defendant reappeared. He asked the plaintiff if he had drunk beer and the latter said he had a cup. The plaintiff then got his jeep key from near the TV where the coach kept all car keys and took off with his friend Taylor who asked for a ride home. The defendant did not at any time stop the plaintiff from leaving with his jeep key. On the way home, the defendant hit a tree and broke a leg. He spent the entire summer in cast and missed the next basketball season. As a consequence, his team lost that season and so did the plaintiff’s hope for a Division scholarship. The plaintiff is frustrated over the fact that although he can eventually still play basketball, he can never be as brilliant as it used to be in playing basketball. To decide whether or not the defendant is liable for the plaintiff’s injuries, it is necessary to prove that the defendant was negligent and that if so found, it was this same negligence that was the proximate cause of the plaintiff’s injuries. Negligence is defined in the case of Manning v. Andy 454 Pa. 237, 310 A. 2d 75 (1973) as â€Å"the want of due care which a reasonable man would apply under the circumstances. Conduct is negligent only if the harmful consequences thereof could reasonably be foreseen and prevented by the exercise of reasonable care.† Moreover, the elements of cause of action for negligence had been