BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Chapter 7, Problem 8Q
Summary Introduction
To discuss: The tort that person J committed.
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Pablo, a resident of New Mexico, while driving through Arizona, was struck by an SUV driven by Derek, a resident of California. Derek was speeding when the accident happened, and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. What type of case is this?
Allan carelessly drops a log in the road, and he does not bother to remove it. After dark, Ben’s horse trips over the log and is seriously injured. The purpose of tort law is to compensate the victim for harm caused by the activity of other.
Is Allan liable for the injuries caused by negligence? Please state your reasons, the context of old tort (strict liability) and modern tort.
John Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…
Chapter 7 Solutions
BUSINESS LAW
Ch. 7 - Prob. 1COCh. 7 - Prob. 2COCh. 7 - Prob. 3COCh. 7 - Prob. 4COCh. 7 - Prob. 5COCh. 7 - Prob. 1QCh. 7 - Prob. 2QCh. 7 - Prob. 3QCh. 7 - Prob. 4QCh. 7 - Prob. 5Q
Ch. 7 - Prob. 6QCh. 7 - Prob. 7QCh. 7 - Prob. 8QCh. 7 - Prob. 9QCh. 7 - Prob. 10QCh. 7 - Prob. 11CPCh. 7 - Prob. 12CPCh. 7 - Prob. 13CPCh. 7 - Prob. 14CPCh. 7 - Prob. 15CPCh. 7 - Prob. 16CPCh. 7 - Prob. 17CPCh. 7 - Prob. 18CPCh. 7 - Prob. 19CPCh. 7 - Prob. 20CPCh. 7 - Prob. 21CPCh. 7 - Prob. 22CPCh. 7 - Prob. 1TSCh. 7 - Prob. 2TSCh. 7 - Prob. 3TS
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- A crime is a wrong that arises from a violation of a public duty, whereas a tort :arrow_forwardHannah hates her sister Ivana with a passion so Hannah decides to poison her. Ivana drinks the soup that Hannah has poisoned, but for some reason, she does not die. She only experiences a tummy ache and starts vomitting. She is rushed to the hospital but does not die. What kind of crime was committed? Consummated Frustrated Attemptedarrow_forwardConsider the given situation: David was walking through a subway station that was highly crowded. He took out his handgun and fired it randomly because he liked the sound made by the firing. Even though David has no intent to shot anyone in the crowd, the shot fired by him injured Susan. David will be held liable for which type of tort? a) Negligence b) Strict liability c) Intentional tort d) Recklessness Answer Submit O O O Oarrow_forward
- Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVEarrow_forwardThelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?arrow_forwardThe elements of a negligence tort include which of the following? a. Duty b. Breach of duty c. Proximate causation d. All of the abovearrow_forward
- Akhil drives a taxi without a license. Unaware of this, some passengers hired his services. Unfortunately, the taxi collides against a lorry, which is parked by the side of the road and the passengers get injured. In view of this illustration, discuss the following:Questions:A. Whether Akhil is guilty of breach of duty. Identify the nature of his act.B. Meaning and nature of a Tort.arrow_forwardWalter lives in South Carolina and drives to Maryland to visit his sick mother. He is driving 75 mph while going around Baltimore and his car hits a patch of ice. His car crashes into a car and causes a chain reaction involving 15 other cars and drivers. Fred, who is driving his Lamborghini to the grocery store, suffers damage in the amount of $75,000. Naturally, Fred and the other drivers will sue for damages. There are many drivers involved. With respect to Fred, what will the court’s opinion be as to whether he can sue in Federal Court? Does Fred meet the qualifications? If so, why? If not, why? Discuss thoroughly. (To get full credit, please describe in detail what is required for jurisdiction in federal court. Then apply the facts given to you to see if the requirements are met. Then, answer the final questions explaining your conclusions.)arrow_forwardWalter lives in South Carolina and drives to Maryland to visit his sick mother. He is driving 75 mph while going around Baltimore and his car hits a patch of ice. His car crashes into a car and causes a chain reaction involving 15 other cars and drivers. Fred, who is driving his Lamborghini to the grocery store, suffers damage in the amount of $75,000. Naturally, Fred and the other drivers will sue for damages. There are many drivers involved. With respect to Fred, what will the court’s opinion be as to whether he can sue in Federal Court? Does Fred meet the qualifications? If so, why? If not, why? Discuss thoroughly.arrow_forward
- Define and explain the concept of damages in law. What are the steps that the innocent party need to establish to claim damages?arrow_forwardJohn’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespassarrow_forwardLiability of a manufacturer, seller, or supplier to a buyer or other third party for injuries sustained because of a defect in a product is known as? A crime. Tort per se. An intentional tort. Products liability.arrow_forward
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