In Palsgraf v. Long Island Railroad Co., foreseeability was an issue. The question addressed by the court was: Group of answer choices Was it foreseeable to the plaintiff (Ms. Palsgraf) that the scales would fall? Was it foreseeable to Ms. Palsgraf that her injury would have been caused by an explosion? Was it foreseeable to the plaintiff (Ms. Palsgraf) that someone in the train station would be carrying explosive fireworks? Was it foreseeable to the passenger carrying the fireworks that they might explode and injure someone?
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- A local builder offers to place with you insurance on every house he/she builds while it is under construction. In return, he/she wants you to allow him/her 20 % discount off the premium required by insurers. How would you respond to comply with RIBO Regulations? OA) You can only allow a five percent (5%) discount because of your overhead and expenses. OB) You will pay the builder a flat $10.00 fee for each house, but it is contrary to RIBO Regulations to discount the premium. OC) You refuse to pay the builder anything, since it would contravene RIBO Regulations. OD) You offer the builder a 20% premium refund for those houses that have no claims while under construction.Assume for the purposes of this part of the question that Cherie is able to play, but trips and falls on some loose flooring and twists her ankle badly. One of the council employees tells her that the flooring has been loose for some time and should have been repaired. Explain the following: What is the legal case that Cherie could take against the Council? (Give full details of the principles and how they would apply in this scenario). If Cherie commenced an action, what remedies would she be seeking?Pacific Southern Airlines (PSA) had an unhappy customer. Cynthia Mercier-Walters flew from Philadelphia, Pennsylvania, to Phoenix, Arizona. The flight stopped briefly at Hartsfield-Jackson Atlanta International Airport, where she got off the plane for half an hour. When she returned to her seat, her $400 prescription reading glasses were gone. She asked the flight attendant where the glasses were, and the attendant said they probably were thrown away since the cleaning crew had come in with big bags and tossed everything in them. Ms. Mercier-Walters tried to locate the glasses through the airline’s lost-and-found service, but she failed. Then she wrote a strong letter to the airline demanding reimbursement for the loss. She felt that it was obvious that she was returning to her seat. The airline, however, knows that an overwhelming number of passengers arriving at hubs switch planes for their connecting flights. The airline does not know who is returning. What’s more, flight attendants…
- 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 LOVETo successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him. Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries. Explain whether Arthur is likely to be liable in negligence. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).
- Dr. Susan Rice asks Bruce Goldman, CMA (AAMA), to instruct patient Dottie Tate in the use of a walker to prevent further falls at home. Dottie is silent as Dr. Rice leaves the examination room and Bruce proceeds to set the walker correctly. However, when Dottie sees that Bruce must once again put Dottie in a gait belt for her protection—the belt was used earlier in the examination to assess Dottie’s ability to ambulate—the patient gets feisty. She is visibly tired and ready to go home. “I’ll learn to use the walker if I have to, but I won’t wear that belt. It makes me feel like a baby. And it’s such a bother. Who wants to go through all that? We just don’t need it.” Answer the following questions, which are also found in the Reflection Activity for Chapter 32 of the textbook: What is the best action of the medical assistant? What is the best therapeutic response of the medical assistant? Could the situation have been avoided? If so, how? If not, why not?William Brill a truck driver, had just delivered lumber to Queens lumber. As he was returning to his truck he was hit by a forklift driven bv an employee eric vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence. What elements does brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle have to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? Brill v Queens lumber Co.16
- A 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?how does the law currently define "undue hardship" with regards to religious accommodation? Is this determination based solely on the business' cost associated with the accommodation?Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory arise