This is a "Law Lessong" - a law lesson in a song - that I wrote to help students consider the nature of a negligence claim. Negligence Law in a musical nutshell is the goal of this song. That's a lot to try to fit into one song, but hopefully the basic elements and highlights are adequately covered. As with all the songs, some classroom clarification and explanation is suggested.
Audio files for more law lessongs can be found here: http://sites.google.com/site/blawprof/lawlessongs(lawless...
More "Law Lessong" videos will be posted at the Legal Studies Classroom blog: http://legalstudiesclassroom.blogspot.com/
The melody is based on "Take it Easy" written by Glenn Frey and Jackson Browne and originally recorded by the Eagles http://en.wikipedia.org/wiki/Take_It_Easy.
No copyright infringement is intended. This song is offered and intended for educational use only and has no commercial value.
Take It Reasonably
Words by M. DeAngelis
Tune: Take It Easy
When you're drivin' down the road, don't forget the duty owed
It's the common law for you and me.
We all must be alarmed, for those forseeably harmed,
By our path of liability.
Take it reas'nably, drivin' pru-dently,
Don't let cell phones or distractions make you careless.
Act as carefully as you can, 'cause a "reas'nably prudent man,"
Is the standard that the law demands
So take it reas'nably.
If you choose a per'lous path, you will earn the legal wrath
For disturbing the tranquility.
When the evidence is shown, it's what you should have known,
That determines liability.
You're not a baby, you should know safety.
You consider many risks, encountered daily.
You may lose and you may win, when you try to beat the odds again,
But it's a jury's final decision
So take it reas'nably
To determine "cause in fact:" if "but for" the careless act,
The injury would not have occurred.
But don't forget the laws, need prox'mate cause
To guard against results absurd.
We need proximity, to the injury,
As determined by reasonable foreseeability.
Intervening forces can, make a breach in causation's span,
And supercede unless they can
Now if injury is claimed and proven by the named,
Plaintiff in a trial 'fore the court
Economic loss, past and future treatment costs
And lost wages needed for support.
Permanent disfigurement, Loss of life's enjoyment,
Pain and suffering and impairment of employment,
Compensation is the aim, all of these are valid claims,
Not punitive damages that blame
And not attorney's fees
So take it reas'nably
You gotta take it reas'nably