Question
Dewey, Heuy and Louis are teenagers out for a walk on Central Avenue when they spot a bright and inviting Christmas display on the Morton's
Dewey, Heuy and Louis are teenagers out for a walk on Central Avenue when they spot a bright and inviting Christmas display on the Morton's property. Without meaning to damage anything, they decide to walk across the lawn to get a closer look.
Unknown to them, there is a faulty electrical connection on one of the mini twinkle lights. Mr. Morton had intended to repair the wiring but he didn't get around to it before installing the display. In addition, there are a few groundhog holes on the front lawn that Mr. Morton knows about but never worried about because he knows where each one is.
As the three teens stealthily creep across the yard toward the lit up decorations, Dewey steps right into a groundhog hole, twists his ankle and falls with a howl right into the tree with the shorted wire, causing him to get a shock on his arm and shorting out all the decorations on that circuit.
Dewey sues Mr. Morton for negligence.
1) For purposes of liability of land occupiers, what class of entrants is Dewey considered part of? What are the rights of this class of entrants?
2) What special rule or doctrine could potentially lead to Mr. Morton's liability to Dewey?
3) All things considered, do you think Mr. Morton will be liable? Why or why not?4) Mr. Morton wants to sue Dewey for shorting out all the decorations and ruining the circuit. For what tort would he do so? Will Dewey be held liable? Explain.
Step by Step Solution
3.43 Rating (159 Votes )
There are 3 Steps involved in it
Step: 1
1 Deweys Status as an Entrant Dewey would likely be considered a licensee which is a class of entrants under the law Licensees are individuals who ent...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started