MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
17th Edition
ISBN: 9781337094498
Author: Roberts
Publisher: IACCENGAGE
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Chapter 7, Problem 8Q
Summary Introduction
To discuss: The tort that person J committed.
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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.
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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
MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
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_forwardRebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that: A. Rebekah is not liable if someone else was witnessed planting the marijuana B. Rebekah is not liable because she had no illegal intent C. Rebekah is liable only if she was found to be negligent in not recognizing the marijuana D. Rebekah is liable even though she had no illegal intentarrow_forwardA woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet after rain. The defendant argued that it wasn’t responsible for the slippery condition of the floor, and that it owed no general duty of care in negligence. As it had mopped the floor to minimise danger to customers, there was no unusual danger that would give rise to a strict liability on the occupier. How do you think a court might assess the defendant’s claim of no liability?arrow_forward
- What legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.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_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_forward
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