I: Is Batman liable for compensation to Bernard Stringfellow, Dean Johnson for their injuries?

R: Negligence and Unintentional Torts

A: under the common law in Ireland, you are deemed negligent if you unintentionally cause injury to someone or and other in a situation where you should have known your action could cause serious harm or injury.

In order for a defendant to be found negligent, the plaintiff must prove three factors.

First, the plaintiff must prove that the defendant owed the plaintiff a duty of care. A duty of care is the obligation to avoid careless actions that could cause harm to one or more persons. Second, the plaintiff must prove that the defendant failed to provide the proper standard of care that a reasonable person would have provided in a similar situation. The standard of care is a way of measuring how much care one person’s owes another. Third, the plaintiff must prove that the actions of the defendant were the cause of the plaintiff’s injuries. Determining the cause, known as cause-in-fact, is often done by applying the “but for” test. An injury would not have happened “but for” the defendant’s actions.

Applying this to Batman, because he is a superhero who job is to uphold the law and apprehend criminals such as Dean Johnson he have a duty of care to bring in Dean Johnson safely into police custody. Bernard Stringfellow was a bystander passing outside the building at the time of the robbery, is also owed a duty of care by Batman as a superhero he must protect everyone in the city and must contained the robbery to a confined space as so the public will not be at risk of being caught in the crossfire. But because Batman threw Dean Johnson out of the window and never looked to see if anyone would be harm by his action, and applying the three rules for negligence both Dean Johnston and Bernard Stringfellow can seek damages against Batman as they can prove Batman took careless action when apprehending the criminal, failed to show another superhero would have done exactly as Batman did in that particular situation and lastly both plaintiffs can show that Batman`s actions was indeed the cause of their respective injuries.

C: In regarding all available evidence, Batman is found to be liable for compensation to Bernard Stringfellow, Dean Johnson for their injuries as Batman`s actions was both reckless and if it wasn’t properly contained to an isolated area a lot more civilians would have been art risk of being injured.

Issue: verbal agreement supposed to written contract/honour agreement with Ballymore Gym

Rule: verbal contracts holds same weight as written contracts except in certain circumstances/written contracts are legally binding.

Analysis: a verbal contract is as legally binding as written contract, except in few incidents where it isn’t consider legally binding such as a friend promising another friend to meet up for coffee but fail to show. Where a verbal contract can exist between two or more parties thanks to three elements of contract.

An offer is where you make an offer for example “I would like to buy 20 footballs, and will pay €5 each”.  An offer is not “I need 20 footballs”. 

Acceptance is when an offer is accepted for example “great I can agreed to 20 footballs at €5 each and can deliver them in a week” an acceptance is not “I`ll get back to you”.

Consideration is when both sides agreed to give the other something in return for the creation of the contract, an example would be “I agreed to pay €100 for 20 footballs that is €5 each”. What`s not a consideration is “don’t worry about the price, I have extra footballs in the back I will give them to you”.

Tina cannot take legal action against Agnes for failing to show up after verbally agreeing to show up.

Tina made a form of contract with Ballymore Gym when she handed over €30 in return for the use of two courts for one hour. However, because she did not show up for the use of the courts and paid for the use she cannot be refunded if the gym`s policy is no refunds.

Conclusion: in conclusion Tina Smith is unfortunately unable to take legal action as a verbal agreement between friends is non-legally binding. Concerning her contract with Ballymore Gym, she will be unable to claim a refund as the gym`s policy does not permit refunds.

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