2. TORT SCENARIO ONE
•Mary is home cutting weeds and removes guard
from trimmer.
•Mary injures her neighbor resulting in an
•eye injury.
3. RESULTS OF FIRST SCENARIO
Tort Claim:
Negligence and Product Liability Case
Defendants- Mary
Manufacturer of the trimmer- failure to warn Mary of usage
4. TORT SCENARIO TWO
• Felix the bus driver is driving kids home and gets distracted by
other kids resulting in an accident.
• Felix accidently hits and kills twins riding bicycles.
• Victims: One is a brain Surgeon, second is a Garbage collector.
5. RESULTS OF SCENARIO # 2
How will the damages will be calculated for each victim and how is this done?
Is it fair?
Wrongful Death Claim Case
The victims:
Brain Surgeon (Made more money, family will get more money).
Garbage Collector.
Wrongful death claims: designed to compensate family members for the loss of
the deceased’s services including money earned as household income.
6. TORT SCENARIO THREE
• Albert collected rents form Paullette’s tenant's.
•Albert is pocketing rent money from Paulette
•Resulting in her firing Albert for stealing.
•Albert continued to collect rent from Theresa after being Fired.
7. RESULTS FOR THIRD SCENARIO.
Is Theresa Liable to pay Paulette? Why or Why not? Agents duties.
Legal principle: “ Apparent Authority to protect Theresa.
Paulette should have notified all parties of the end of relationship with Albert.
(Albert)-Agents duty was to have a fiduciary and be loyal to the principle which
Albert broke.
Tort Claim is “ Negligence & Product Liability (No warning label)” Marias- notes Neighbor has a claim for negligence with mary being the defendant ( mary should have been more careful by not removing the guard and warning neighbor to get out of the way… Mary also can file a claim against the manufacturer of the trimmer for failure to warn her not to use the trimmer wout the guard… the neighbor can also file a claim against manufacturer but no chances of winning since he did not use the product. Also the neighbor was contributory negligent for getting in Mary’s way.
Marias- notes Neighbor has a claim for negligence w mary being the defendant ( mary should have been more careful by not removing the guard and warning neighbor to get out of the way… Mary also can file a claim against the manufacturer of the trimmer for failure to warn her not to use the trimmer wout the guard… the neighbor can also file a claim against manufacturer but no chances of winning since he did not use the product. Also the neighbor was contributory negligent for getting in Mary’s way.
Marias notes The family of victim who is brain surgeon, will get more money. This is because he earned more money. Wrongful death claims are designed to compensate family members for the loss of the deceased's services. Services include money earned that is household income
Marias Notes: Theresa is not liable to pay Paulette. Although Albert was fired, the end of the relationship between Albert and Paulette was not made apparent to third parties that Albert dealt with before. Paulette should have given notice to Theresa herself and the general public through newspaper that the relationship was terminated to ensure that Albert did not act beyond his authority. The legal principle apparent authority was applied to protect Theresa. Agents have a fiduciary duty to be loyal to the principal. They must not engage in self-dealing by taking opportunities from principals for themselves or third parties. They must also not enter into any other agreements that conflict with the duties that are owed to their principals. Before entering into any such agreements, they must disclose that information to their principals. . Is Theresa liable to pay Paulette? Why or why not? What legal principle did you apply? Discuss an agent’s obligations
