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Liability and Tort of Negligence

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In which of the following situations will the acting party be liable for the tort of negligence? Fully discuss and provide examples, laws, or other relevant information to support your answer.

1. Bob goes to the golf course on Saturday morning, eager to try out a new set of golf clubs he has just purchased. As he tees off on the first hole, the head of his club flies off and injures a nearby golfer.

2. Tim's doctor gives him some pain medication and instructs him not to drive after he takes it, as the medication induces drowsiness. The bottle also contains instructions cautioning that the drug causes drowsiness. Tim drives to Walmart while on the medication. He fails to stop at a traffic light and crashes into another vehicle in which the passenger is injured.

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In #1, the golfer had no previous knowledge of the faulty club, nor did he anticipate the accident happening. Thus, he was not negligent. In #2, the driver failed to regard all of the elements listed below.

Negligence can often be defined as the failure to protect another individual within general reason (Larson, 2003). The elements of a negligence tort include duty, breach of duty, causation and damages. In order for a negligent claim to be valid the following must be met: "(1) that the defendant owed a duty of care to the plaintiff; (2) that the defendant committed a breach of this duty; and (3) that this breach was the actual and proximate cause of injury experienced by the plaintiff" (Mallor, Barnes, Bowers & Langvardt, 2010, p. 206). Negligent tort can either be committed by failing to act dutifully or acting wrongly.

The first element that must be shown is the defendant's duty to protect the ...

Solution Summary

This solution consists of a comprehensive answer to the above-mentioned questions. It explains, in great detail, tort of negligence and answers the questions after a comprehensive review. One reference is included.

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Negligence Tort

Hypothetical:

John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. Johnâ??s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. While driving to the manufacturing plant, John decided to stop by his cousinâ??s house for dinner. His boss accompanied him on the visit â??to get a decent meal for a change.â? While on the way there, John collided with and injured a motorcyclist. Is AAA Auto Dealers liable for Johnâ??s negligence?

Research the legal issues surrounding vicarious liability of employers and respondeat superior. You should also research the coming and going rule along with frolic and detour rules for vicarious liability.

Reference both primary sources and secondary sources in your research. Examples of primary sources include cases, statutes, constitutional provisions, and regulations. Examples of secondary sources including law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of Torts.

Part One: Research Log

For Part One of the assignment, answer the questions below about the research you conducted.

What primary sources did you use?
What secondary sources did your use?
What search terms did you use for each search?
What search method did you use (Terms & Connectors, Natural Language, and/or Easy Search)?
Part Two: Analysis

After conducting research, discuss in a memorandum to your instructor whether AAA Auto Dealers liable for Johnâ??s negligence.

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