Liability
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Let me know who you think may be liable and under what theories.
Example:
1) Freddie Jones and his wife, Erica, are getting a divorce. Freddie has become concerned for his safety given his wife's comments that she is "going to kill him in front of God and everybody" for asking for a divorce. Erica has been seeing a psychologist and in her most recent session said, "If I can't have him, no-one can!" Freddie told his boss at a retail store that his wife recently threatened him.
Two days later, Erica walks into the retail store with a gallon of gasoline, lights it and throws it on Freddie. She escapes and the fire is doused, but not until after Freddie sustained serious burns.
who is liable and under what theories of negligence? Explain yourselves.
2) What types of things can you think of that may make a third party liable for the damages directly caused by another?
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Who is liable and under what theories of negligence? Explain yourselves.
The psychologist is liable. She is liable under strict vicarious liability. The psychologist was aware of the threat made by Erica. In her most recent session Erica had told the psychologist that " if I can't have him, no-one can!". It was the responsibility of the psychologist to evaluate the statement of Erica and judge if she was likely to harm Freddie. If the psychologist had reasons ...
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