Question
Please respond to discussion question and answers below Driver carelessly parks his car on a steep hill without engaging the parking brake. The car rolls
Please respond to discussion question and answers below
Driver carelessly parks his car on a steep hill without engaging the parking brake. The car rolls down the hill and knocks into a power line causing a fire.The fire spreads until it reaches a barn a mile away. The barn houses dynamite and it explodes from the fire causing the roof of the adjacent home to fall in and injures Homeowner who was in the home. Can Homeowner recover from Driver? Explain using each element of the tort at issue in your answer.
No, the Homeowner cannot recover from the driver as though it was a mistake of the driver, which caused the fire, but the barn houses had kept the dynamite that exploded which caused the injury to the Homeowner. As keeping dynamite in residential places should not be allowed, it was the mistake of the barn house owner along with the driver. But since the entire incident was a connection of mistake from many persons, no one is directly responsible to compensate the homeowner.
Novice goes to a golf course on Sunday morning to try out his new set of golf clubs. As he tees off on the first hole, the head of the club flies off and injures a pedestrian walking nearby. Can the injured pedestrian bring an action against Novice? Explain using each element of the tort at issue in your answer.
No, the injured pedestrian can bring about a notice against Novice as he was walking near the golf course on his own responsibility. So while walking if he gets injured, by the ball or club head, the pedestrian was walking at his own risk and his responsible for his own injuries as when a person going to a stadium or golf course is hit by a ball then he his himself responsible for the same as such injuries near a playing area tend to happen and the player or the organizer of the event is not liable for any such injuries.
Terence, Lau, & Johnson. (2019). The Legal & Ethical Environment of Business.Boston, MA: FlatWorld
Step by Step Solution
There are 3 Steps involved in it
Step: 1
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