Saturday, September 7, 2019
Business law Essay Example | Topics and Well Written Essays - 750 words - 5
Business law - Essay Example Dan I his case did not do so, hence creating an unsafe environment around the truck. Flo must prove the truck driver breached his duty. Drivers are supposed to park their vehicles safely irrespective of the location; Dan on this case did not apply his emergency brake leading to the fateful events that led to Flo getting injured (Croft 34). Flo has to prove that the driverââ¬â¢s mistake is what caused damage. Here, she would be looking for causation. Flo would prove that Danââ¬â¢s breach of his duty to apply emergency breaks is what directly led to his vehicle rolling down to cause the gas pump explosion and further damage. Therefore, in the event which Dan could have applied breaks, the event could not have happened. In this case, she would be looking for ââ¬Å"proximate causeâ⬠(Croft 35). In this case, the damage cause can it be attributable as the driver to have had a foresight of what could have happened when he left the truck not in emergency gear or not. Finally, Flo would look for damages caused by Danââ¬â¢s negligence and prove it. She would prove that due to Danââ¬â¢s negligence, it is what caused the truck to roll down and result to the gas pump explosion and other damages. In the case of Flo, the damage was foreseeable since leaving once truck with parking brakes always provides the car to move towards the pull of gravity, in that case, down the hill to cause the given injury (Croft 36). Q. 2 Jean owns five acres of land in an area of single-family homes on mostly one-acre plots. Jeanââ¬â¢s property contains her house and three outbuildings. Among the animal housed in outbuildings are Kennel, a dog and Louis, a tiger. Mare, a neighbor, is jogging past Jeanââ¬â¢s property. Under what circumstance is Jean strictly liable if Kennel bites Mary? Under what circumstance is Jean strictly liable if Louis bites Mary? This case will mostly depend on the dog bite case existent in the given state. In this case, when Mary did not trespass
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