Question
At a swim party Jennifer is laughing with friends and pushes Tom in the pool. Tom is ok and gets out just fine, but his
At a swim party Jennifer is laughing with friends and pushes Tom in the pool. Tom is ok and gets out just fine, but his phone, which was in his pocket, is ruined. Tom seeks payment for a new phone from Jennifer. Jennifer did not know his phone was in his pocket and did not mean to damage it. Jennifer:
a. | is liable to Tom for the phone, even though she did not intend to damage it. She will need to pay for replacement phone, but only the exact same model. | |
b. | is not liable to Tom for the phone, because she did not intend to damage it. She only intended to push Tom in the pool and he was ok. | |
c. | is liable to Tom for the phone, even though she did not intend to damage it. She will need to pay for replacement phone of similar value. | |
d. | is not liable to Tom for the phone, because she did not intend to damage it. It was Tom's fault he had his phone in his pocket at the pool. |
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