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d1i1m1o1n [39]
3 years ago
13

Aboy mowing his lawn noticed a strong vibration from the engine but continued to mow. the engine housing suddenly broke apart an

d pieces flew off the lawnmower. one piece struck the boy in the head, seriously injuring him. the boy's mother was inside the house and heard yelling from the backyard. she went to the window and saw her son lying on the ground by the lawnmower and a friend of his kneeling over him. she became very upset and fainted. subsequent investigation showed that a negligent repair by a local mechanic caused the engine housing to shatter. the mother brought a lawsuit against the mechanic, seeking recovery for her son's injury and the emotional distress she suffered. can the mother recover damages for her emotional distress? a) no, because her son's continuing to mow after noticing the vibration was a superseding cause of the harm. b) no, because the mother was not within the zone of danger from the mechanic's negligence. c) yes, because the mother was closely related to someone in the zone of danger from the mechanic's negligence. d) yes, because her son was injured by the mechanic's negligence.
Social Studies
1 answer:
finlep [7]3 years ago
3 0

Answer:

B). No, because the mother was not within the zone of danger from the mechanic's negligence.

Explanation:

As per the question, the mother 'cannot recover the damages for her emotional stress because she was not within the zone of danger from mechanic's negligence.' <u>The emotional or psychological distress(like anxiety, insomnia, fear, depression, etc.) damages would have been remunerative and recoverable only if she had been associated with the accident and directly affected by the accident</u>. But she was rather inside the house which lied outside the danger zone and therefore, her distress was mere a consequent reaction after witnessing such a huge injury to her son. Thus, her claims associated with her emotional distress are non-compensable and hence, <u>option B</u> is the correct answer.

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<u>The correct answer is B. They were overworked and mistreated.</u>

<u>Analysis:</u>  The way the Native Americans were treated, was different from the foundation of the 1st mission in 1769. At that time, <em><u>the presence of Fray Junípero Serra</u></em> made the difference in the treatment of the indigenous people who made up the missions. Every effort was made to be economically self-sufficient. In this sense the Franciscans instructed the Indians in agriculture and livestock, teaching them, also, the main trades. For their part, the women learned to cook, knit and sew. The day in the mission, divided by the ringing of the bells, began after dawn with the mass, then breakfast and everyone went to work, men in the fields and women with domestic chores. At noon, after the Angelus prayer, he ate and after a break he returned to work. At mid-afternoon the time for prayer and religious instruction began, after which it was eaten.

<em><u>From the death of Fray Junípero, in 1784</u></em>, the circumstances were progressively changing and the importance of the 21 Spanish missions in California started to extinguish.<u> It is clear that the decrease in the population of Native Americans was not only a consequence of the diseases brought by the Spaniards but also due to the demanding days of work and the rigorous and often abusive treatment.</u>

<u>These were the 21 missions that were built in California and the year of construction:</u>

  1. Mission San Diego de Alcalá in 1769.
  2. Mission San Carlos Borromeo de Carmelo in 1770.
  3. Mission San Antonio de Padua in 1771.
  4. Mission San Gabriel in 1771.
  5. Mission San Luis Obispo de Tolosa in 1772.
  6. Mission San Francisco de Asís (Mission Dolores) in 1776.
  7. Mission San Juan Capistrano also in 1776.
  8. Mission Santa Clara de Asís, one year after, in 1777.
  9. Mission San Buenaventura in 1782.
  10. Mission Santa Barbara in 1786.
  11. Mission La Purísima Concepción, a year later, in 1787.
  12. Mission Santa Cruz in 1791.
  13. Mission Nuestra Señora de la Soledad the same year, 1791.
  14. Mission San José in 1797.
  15. Mission San Juan Bautista also in 1797.
  16. The third in 1797, Mission San Miguel Arcángel.
  17. Mission San Fernando Rey de España, the last one in 1797.
  18. In 1798, Mission San Luis Rey de Francia.
  19. Mission Santa Inés in 1804.
  20. Mission San Rafael Arcángel, in 1817.
  21. Mission San Francisco Solano, the last one, in 1823.
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