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NemiM [27]
3 years ago
13

it is a snowy, icy day. Eric is walking home from school when he spots some friends walking the next block over. Eric begins to

run towards them, taking a shortcut through the courtyard of open office building. He suddenly slips and falls hard on the ice-covered courtyard, breaking his shoulder. Eric's mother, Tamara, decides to sue the office building for not cleaning off the ice of the courtyard in the morning or even putting up signs specifying that the courtyard ices over. If you are a judge who wins this case? Eric's Mom or the office building.
Law
1 answer:
a_sh-v [17]3 years ago
6 0
Eric’s mom for the school not putting signs or cleaning
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Molly Weasley bought a Great Lakes spa from Mundungus, a dealer who was selling spas at the state fair.
BartSMP [9]

1) The theory of product liability under which Weasley could have sued Mundungus to recover for Ginny's injuries is strict product liability.

However, the facts do not support such a claim because the negligence of Weasley caused Ginny's injuries. How could a child of six years be left alone in a spa?

<h3>What are the theories of product liability?</h3>

The theories of product liability, which involve injury or damage caused by a defective product, include negligence, breach of contract/warranty, and strict liability.

For strict liability to be imposed on Great Lakes, Weasley must prove that the tort occurred based on Mundungus' irresponsibility.  The question is, was Mundungus responsible for caring for Ginny or her mother?

2) The Privity of contract would not be required in a product liability case against Great Lakes. Since the spa is a product of Great Lakes while Mundungus sold it to Weasley, there is no basis for Great Lakes to deny privity of contract.

<h3>What is the privity of contract?</h3>

Using privity of contract as a basis of defense means that only parties to a contract have right to sue and be sued so that they can enforce the rights and obligations arising from the contract.

3) The six requirements that Weasley must meet for action in strict product liability against Great Lakes are proving that:

  1. The spa caused Ginny to be injured and not Weasley's negligence.
  2. The spa that injured Ginny was defective.
  3. The defect of the spa caused Ginny's injury.
  4. The defect of the spa made it dangerous for Ginny.
  5. The negligence arose from Great Lakes.
  6. Great Lakes breached the contract warranty.

4) The defenses to product liability that Mundungus or Great Lakes can assert are as follows:

  1. Weasley lacks the locus standi.
  2. No duty of care was owed to Ginny by Mundungus or Great Lakes.
  3. Weasley misused the spa through her negligence.
  4. Weasley must know the riskiness of abandoning Ginny in the spa.

Thus, none of the theories of product liability supports Weasley's case.

Learn more about the theories of product liability at brainly.com/question/17202560

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2 years ago
Which service handled by local government is an example of the concept of service-by-size?
Jet001 [13]

Answer:

Postal delivery!?

Explanation:

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3 years ago
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How can an environmental law affect a business
OverLord2011 [107]
If an environmental law is in place were a business wants to put there factories up they won’t be aloud to . For example if there is an endangered species living there and Publix wants to build a store there they will not be aloud to .
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3 years ago
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Project understanding police history a timeline project
Alex787 [66]

Answer:

Understanding police history a timeline is discussed below in details.

Explanation:

The evolution of policing in the United States nearly watched the improvement of policing in England. In the ancient settlements policing practiced two modes. It was both simple and cooperative, which is referred to as the private-for-profit guarding or watch, which is called The Big Stick.

The first publicly financed, regulated police organization with officers on service full-time was established in Boston in 1838. Boston was a big shipping trading hub, and affairs had been renting people to defend their assets and safeguard the transportation of assets from the harbor of Boston to other regions.

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18. "Jurisdiction" means what? *
Dovator [93]
The courts legal ability to hear a case
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