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Business law exam 3 Of 4 OLD DAYS . v... .a In 2018, Edith Householder was celebrating her rst winter as a resident of Boston
Business law exam
3 Of 4 OLD DAYS . v... .a In 2018, Edith Householder was celebrating her rst winter as a resident of Boston and decided to invite her friends and neighbors over for an open house. Back in those days, food, drinks, and dancing were plentiful. Seeking a break from all the action, Sandy Student, one of the guests, decided to take his own tour around the house. Householder had encouraged everyone to \"take a look around everywhere but absolutely no smoking anywhere.\" Student decided to go up to the attic to have "a smoke." Most of the attic oor was covered by insulation. Student walked around most of the area without a problem. However, while walking toward the window to blow out some smoke from the cigarette that he was smoking, Student stepped on insulation that was supported only by sheetrock. The resulting fall to the bedroom below caused him substantial injuries. Student brings suit against Householder for $70,000. 1. Will Student recover? Why or why not? Discuss fully. Also during the celebration, two teenager siblings, Anne and Bob, decided to walk outside in the snow with their dog. The area had received its rst winter storm, four inches of snow and ice, eartier that moming. The scenery was beautiful, although road conditions had become slippery. A creek ran in front of the housing complex of where the party was located, separating the housing complex from the public roadway. A bridge crossed a few feet above the creek and served as the only means to enter and exit the housing complex for pedestrians. A number of iron railings, each manufactured by Iron Fabricators, Inc., ran along the sides of the bridge and were used by Municipal Infrastructure Maintenance Company, in their construction of the bridge. Anne and Bob walked along the bridge and noticed some tennis balls in the creek below that they could possibly grab and use to play \"fetch\" with Fido. Anne held onto one of the iron railings and leaned out in order to get a better position to get one of the balls in the creek. Suddenly, the iron railing, as a reSuIt of the snow and ice that had accumulated on it, gave way. Anne fell headlong into the creek below, broke her collarbone, and barely survived the freezing water. Maintenance of the bridge was the sole responsibility of BoMass Contractors, Inc. Anne brings a negligence suit against BoMass Contractors, Inc. Assume the jurisdiction has a contributory negligence statute. 2. BoMass Contractors, Inc. argues that Anne's conduct will prevent her from rec0vering. Is it correct? Discuss frilly. 3. Assume that Anne is not negligent. Will she recover against BoMass Contractors, Inc.? Discuss fully. 4. Assume that Anne sues BoMass under strict product liability. If she can prove that the railing was defective, will she recover? Why or why not? Explain. ANSWER AS SUCCINCTLY AS POSSIBLE 40 POINTS 1. Assume that you are hosting a party at your house, attended by friends who are oi "legal drinking age,\" and you provide drinks to an obviously drunk guest. You say goodbye to the guest as he leaves the party and watch him drive off in his car. Assume that he injures a third party in a car accident when he drives through a red light a short distance from your house. Are you liable to the injured third party? Discuss fully, citing relevant cases. 2. What was the Supreme Court's position regarding whether or not Zullinger, at the time of the accident. was acting in the scope of his employment? Explain. 3. Answer questions #2 and #3 in \"When it Rains, It Pours." 4. Answer question 1a and 1b in the Irene, Frank, and Danny hypotheticalStep by Step Solution
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