Abdill Career College Muntaha Againts Mr Jamal Claim Case

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nyzhgnm53

Law

Abdill Career College

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Explain the defenses available to Muntaha if it decides to defend itself against Mr.Jamal's claim. You may use relevant case law to support your answer.

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Muntaha was a learner driver and was taking lessons from a driver Mr Jamal. One day,while on the lessons ,Muntaha turned a bend, Mr.Jamal told her to straighten the wheel but Muntaha panicked and failed to straighten the wheel. She approached the pavement and Mr.Jamal grabbed the handbrake and tried to straighten the wheel but it was too late. She mounted the pavement and hit a lamp post. Mr.Jamal fractured his knee and backbone and was advised by the doctor to undergo bedrest for 6 months. He was the sole bread earner of his family consisting of his parents, wife and six children.
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Explanation & Answer

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Running head: DEFENSE LAW

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Defense Law
Student’s Name
Instructor’s Name
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DEFENCE LAW

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Defense Law

Muntaha can use the affirmative defense to declare her innocence in the accident.
Drawing from Cook et al. (2015), an affirmative defense is where the defendant can agree to
have committed the alleged offense but must provide other facts in accordance with the law to
justify or excuse the wrong act. In this case, Muntahi was still a driver under instruction, trying
to learn how to drive. As a learner, she may not have fully understood all the basic car handling
skills. This is...


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