Theresa liable to pay Paulette
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1. On a clear Saturday morning, Steven has begun to cut the lawn at his home. He is unable to trim some weeds he finds in his backyard, because the weeds have grown between the rocks, so he goes to his garage and takes out his newly purchased weed trimmer. Seeing the protective guard Steven removes it from the weed trimmer and begins to trim the weeds. There are no warnings on the weed trimmer advising against the removal of the protective guard. Unfortunately Steven hits a rock, which is thrown to the side, hitting his neighbor, Jonathan, in the face and causing permanent damage to his left eye. Jonathan had been standing in the abutting yard doing some yard work as well. Based on the text, what tort claims does the neighbor, Jonathan, have? Who are the possible defendants that Jonathan would include in the lawsuit? Explain with legal reasoning and analysis.
2. Paulette is the owner of the Rock On Mobile Home Park. For several years, Albert regularly collected rent for Paulette from the tenants of the mobile home park. Recently, Paulette learned that Albert pocketed some rent he collected, so Paulette fired Albert, and revoked his authority to collect rent payments from tenants. However, neither Paulette nor Albert told any tenants of Albert's termination. Yesterday, Albert went around to Theresa's mobile home and asked for the rent. Theresa paid Albert the money owed to Paulette. Albert never gave this money to Paulette. Is Theresa liable to pay Paulette? Why or why not? What legal principle(s) did you apply? In your response also discuss an agent's obligations toward the principal.
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This answer provides you an excellent discussion on whether Theresa is liable to pay Paulette
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1.
The tort claims that neighbor Jonathan has against Steven is negligence. Steven had duty of care but he did not exercise it be removing the protective cover. The legal point is that there was a breach of duty and that led to harm to Jonathan. Steven is the direct cause (factual causation) as well as the legal causation for the injury caused to Jonathan.
The other defendant that Jonathan would include in ...
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