Share
Explore BrainMass

Business Law : key information

1) Mary is cutting weeds at her home. She is unable to trim some weeds she finds, because they grew between the rocks, so she removes the protective guard on the weed trimmer and trims the weeds. There are no warnings on the weed trimmer advising against removing the guard. She hits a rock, which is thrown to the side, hitting her neighbor in the eye and causing permanent damage. What kind of tort claim does the neighbor have? Who are the possible defendants?

2) Felix is a school bus driver. He is driving children home from school one day, when he is distracted by a fight in the back of the bus. He turns to see what is happening behind him, and accidentally strikes and kills two twins riding bicycles in the bike lane. One twin is a brain surgeon, and the other is a garbage collector. Each has dependents. Explain how damages will be calculated for each victim, and why the families will collect different amounts. Is this a fair system? Why or why not?

Solution Preview

The tort claim that is an excellent source for getting field is called product liability, and there are possible defendants. This particular claim is because of the weed trimmer. One has to prove that the product is defective. These are done by three means, and they are design defects, manufacturing defects, and defects in marketing. In this particular case, the defects in marketing are the way to approach it. A reason behind this is because in the manual there was no warning on removing the guard; consequently, her neighbor received a permanent injury, which she will have to live with for the rest of her life. However, defendants are important for ...

Solution Summary

This solution provided what kind of claim a person can file against another when it comes to legal aspects of tort law.

$2.19