Friday, April 27, 2012

The Burden of Proof

Ei qui affirmat, non ei qui negat, incumbit probatio.

He who asserts must prove, not he who denies.

 - Julius Paulus Prudentissimus, 2d century A.D.

Tuesday, April 24, 2012

Thoughts on Duty

An individual owes a duty of care to another individual when it is reasonably foreseeable that the other individual lies within the zone of danger of the first individual's actions according to ordinary understanding.

Quaeritur: Does Wile E. Coyote owe a duty of care to the Roadrunner, given that the universal understanding of reasonable people is that no action undertaken by Wile E. Coyote is injurious to the Roadrunner?