Business law 1 Homework assignment. 1. Nathan is run over by a car and left lyin
ID: 2328405 • Letter: B
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Business law 1 Homework assignment. 1. Nathan is run over by a car and left lying in the street. Sam, seeing Nathan's helpless state, places him in his car for the purpose of taking him to the hospital. Sam drives negligently into a ditch, causing additional injury to Nathan. Is Sam liable to Nathan? Please discuss. 2. A statute requires all vessels traveling on the Great Lakes to provide lifeboats. One of Winston Steamship Company's boats is sent out of port without a l so heavy that had there been a lifeboat it could not have been launched. Perry drowns. Is Winston liable to Perry's estate? Please discuss. lifeboat. Perry, a sailor, falls overboard in a storm 3. Escola, a waitress, was injured when a bottle of Coca-Cola exploded in her hand while she was putting it into the restaurant's cooler. The bottle came from a shipment that had remained under the counter for thirty-six hours, after being delivered by the bottling company. The bottler had subjected the bottle to the method of testing for defects commonly used in the industry, and there is no evidence that Escola or anyone else did anything to damage the bottle between its delivery and the explosion. Escola brought an action against the bottler for damages. Because she is unable to show any specific acts of negligence on its part, she seeks to rely on the doctrine of res ipsa loquitur. Should she be able to recover on this theory? Please explain. Show transcribed image text Expert Answer oExplanation / Answer
1.
a.The fact situation for this question does not indicate any type of relationship between Sam and Nathan which would require Sam to come to Nathan’s aid.
b.But once Sam made the decision to help Nathan, he was under a legal duty to act in a reasonable manner.under the duty to exercise reasonable care of safety
c.But he failed to do so , the fact situation indicated that Sam drove in a negligent manner while he was taking Nathan to the hospital, and this resulted in an accident which caused further injury to Nathan.
d.The act of driving in a negligent manner breached Sam’s duty, and this was the cause of Nathan’s additional injury. When someone drives in a negligent manner, it is entirely foreseeable that an accident in which others might be injured could take place. There is, therefore, proximate cause to hold Sam responsible.
2.Causation: No. For liability to exist there must be negligence and the negligence must be a legal cause of the harm.If the Harm would have occurred in the absence of the negligence m the negligence is not legal cause.A widely applied test for causation in fact is the "but-for" test:A person's conduct is a cause of an event if the event would not have occurred but for the person's negligent conduct.That is conduct is factual cause of ham when the harm would not have occurred absent the conduct
3.Res Ispa Loquitur:Descision for Escola
The doctrine of res ipsa loquitur permit a jury to infer both negligent conduct and causation from the mere certian types of events where actual negligent conduct cannot be shown. Ordinarily for the doctrine to be applicable the injured party must show that the defendant had exclusive control of the thing causing the injury and that te accident was of the type thatt usually would not occur in the absence of negligence
Nevertheless the court allowed escola to rely on the doctrine even though the bottle was not under the defendant's exclusive possession when it exploded because she had shownt that the bottle was not damaged by extraneous force after its delivery by the defendant.She just transferred the bottle from the storage to the refigerator . With the inference established the burden fell upon the bottle manufaturer for defects.This it did
Finally jury had to determine whether the bottler's evidence concluded that it did not , and so Escola is entitled to recover
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