Case D, which discusses the malfunctioning of a component of a Zoom car, presents an issue common in the business world today. While product liability cases are not uncommon, successful cases for the plaintiffs often involve them having to prove many aspects of negligence and product liability – primarily duty of care, actual and proximate cause, and proof that the defendant is directly at fault for the plaintiff’s injuries. Because the doctrine of strict liability likely applies in this case, Daniel Boone does not need to prove that Zoom breached a duty of care, only that his injuries were a result of Zoom’s actions or negligence. The dispute in Case D between Daniel Boone, the plaintiff, and Zoom Car Company, the defendant, brings up several questions that need to be answered. Does Zoom owe Daniel Boone a duty of care? Was there a defect in manufacturing that supports a strict liability action? Was there a defect in design that supports a strict liability action? Was the faulty compass the actual cause of Daniel Boone’s injuries? Lastly, were Boone’s injuries foreseeable, in relation to the malfunctioning of the compass? Given the details of the case, it is likely that Boone will allege that a defect in manufacture and a defect in design exist in the compass installed in his vehicle. While Zoom may not have known that the compass was faulty, all parties in the chain of distribution are liable for the defective compass and may be found strictly liable for Boone’s injuries. A defect in manufacture applies because Zoom, Corrigan Rulers Compasses, and/or Slide Rules, Inc. failed to properly test the compass before selling or installing it, failed to adequately assess the product’s quality, or failed to properly assemble the product. Additionally, a defect in design may be determined in Boone’s favor through the application of a risk-utility analysis. According to the textbook, when applying a risk-utility analysis to a case, the courts consider “the gravity of the
In December 2002 Dominic Li answered his front door to two men (Richard Nimmo and Maua Sua) both armed with guns. Sua and Nimmo were being paid by Yonky Irvin Tan, a drug dealer whom Li’s brother in law owed money to. Both Sua and Nimmo poured hydrochloric acid onto Mr Li where he suffered burns to his face, became blind and burns to his oesophagus. Mr Li painfully passed away three weeks later due to these injuries sustained as they led to a blockage in his throat that blocked his….
This suit would be covered under the tort of negligence. The first thing to consider if there was a duty of care owed to Steve by either the manufacturer or the Health Club because he could potentially be able to sue both of them. In both cases yes, a duty of care is owed to him, because the manufacture has a responsibility to ensure that safety of the equipment that they produce. Even though the manufacturer did not have any direct contact with the final consumer, there is commercial relationship….
and the United States as well as conflict with Korea. The United States and Russia began an arms race during this time period in preparation for an all-out never seen before war between the two largest superpowers on planet earth. Altogether my analysis of the Cold War is that it was between the United States and the Soviet Union or Russia to control the world and inflict there economical and Governmental ideas on the rest of the world. This time period was roughly between 1945 and 1991 or some….
Case Analysis of Prepaid Legal
1. Prepaid Legal is one of the earliest companies in the United States to market and to sell legal expense plans. The company adopts a cost leadership business strategy, providing 5 basic title benefits (Preventive Legal Services, Automobile Legal Protection, Trial Defense, IRS Audit Protection Services, and Preferred Member Discount) with a membership cost ranging from $10 to $25 per month. Moreover, Prepaid selects several market segments, in which it develops specific….
Bar Matter No. 553 June 17, 1993
MAURICIO C. ULEP, petitioner,
THE LEGAL CLINIC, INC., respondent.
Petitioner prays this Court "to order the respondent to cease and desist from issuing advertisements similar to or of the same tenor as that of annexes "A" and "B" (of said petition) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those allowed by law."
The advertisements complained of by….
The Real Property Conservatory System in Morocco
GBU 3301 – Legal Environment of Business
Dr. Benlamhidi, Sidi Abdellah
The Real Property Conservatory System is a set of laws and procedures that organize the real estate field in a way that saves people’s rights over their possessions and that protect them from any illegal attempts of theft or taking over by other parties. The Royal Dahir that currently regulates all the procedures of real estate….
Legal Case Study
Susan L Groover
Legal Case Study
Examine the implications of health law for nurses, ethical principles, and decision making when faced with the potential for medical error is part of the nurse’s daily activity when caring for patients. Each state has a Board of Nursing governing the practice of nurses. The board of nursing specifies through codes, titles, articles, and definitions how the licensed registered nurses can legally practice. The case study….
Q1 Advise Brad as to his rights against the University of Kew
Brad could sue the University of Kew in negligence, contract and misleading.少写了consumer contract
Action against University of Kew in negligence
Pure economic loss
In this case, Brad suffered pure economic loss. Brad completed the course but finally did not become either a CPA or CA on the basis of his Doctor of Accountancy course. Besides, he could have earned $300,000 a year as a management consultant. What is worse, he went to….
Case Legal Brief
Case: Mullins V. Parkview Hospital (2007)
Facts: At a teaching hospital, Mullins who is the plaintiff marked or ticked the section of approval form that consented to “the presence of healthcare learners”. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However, when Mullins was unconscious during the surgery, a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as….
Paul Cronan and New England Telephone Company Case Analysis
Legal Case Analysis
Paul Cronan was a long-term New England Telephone Company (NET) employee (1973 - 1986), assigned at South Boston.
Paul was diagnosed with AIDS Related Complex (ARC) in 1985.
Paul informed his supervisor about ARC when asked about his third request to leave work for a medical appointment (1985).
Paul had a poor attendance history. His tardiness and medical appointments concerned his supervision….