Duty of Care 1
Self-Quiz 1
Dennis, an avid baseball
fan is practicing his pitching in front of Mr. Wilson’s house. Dennis
is pitching his baseball at a tree in front of Mr. Wilson’s house.
The tree stands directly in front of Mr. Wilson's large living room window.
One pitch gets away from Dennis, sails past the tree and right through
the living room windows. Mr. Wilson sues Dennis for negligence for breaking
his window. If Dennis argues that he did not mean to break the window,
he will:
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Tony is a truck driver for
PetroCorp, a large oil and gas company. Tony’s last assignment was
to transport five thousand ten-gallon tanks of propane gas from New York
to Boston. After the truck was loaded, Tony used hemp rope to tie the
load down and secure it to the truck. While on Route 95, the rope securing
the tanks snaps and several of the propane filled tanks fall from the
truck and explode. In a suit for negligence against Tony, his best defense
is that:
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Woody owns a saw mill that
produces lumber. Cut trees are floated into the mill by a network of man-made
canals (think of them as conveyer belts that use water instead of belts)
and then loaded onto conveyer belts which take them away to be processed.
Occasionally, one of the canals gets log-jammed and, when that happens,
the log-jam has to be cleared manually. Although Woody could halt the
flow of trees in the canals while a log-jam is being cleared, he usually
doesn’t because the trees are moving too slowly to create any safety
risk to the worker who is clearing the log-jam. One day, Sylvester is
clearing a log-jam when his hand is crushed by an oncoming tree. Had Woody
stopped the flow of trees in the canal while Sylvester was working, the
injury could have been avoided. In a suit for negligence against Woody,
Woody’s best defense is that:
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Donald owns a high-rise
tower in the middle of New Jersey. The New Jersey state legislature has
recently passed a law requiring the railings in all high-rise stairwells
to be a minimum of three feet high. Donald immediately has three foot
railings installed in his high-rise. Soon afterwards, Ivana is walking
down a staircase in the high-rise when she trips, topples over the railing,
falls fifteen feet and breaks her leg. In a suit against Donald for negligence,
Ivana will:
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In order to determine if
a child has committed negligence, we look to see what a reasonable man
in the child’s position would have done.
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