Can you help explain these by stating the issue, rule, how to apply it, and what conclusion can be drawn for each one? Thanks.
1. Dick Driver carelessly smashes his car into the rear end of another car while driving on a busy street. Although Dick had no way of knowing this, the other car's truck was filled with dynamite. The collision causes the dynamite to explode. The explosion miraculously misses Dick, but it causes the shattering of a window on the third floor of a nearby office building. The falling glass cuts Pete Pedestrian, who was walking on the street below. Pete files suit against Dick.
2. As a prank, Joe signs Susan's name to a pro-abortion petition that appears in a local newspaper. Susan is passionately opposed to abortion. Thus, Susan sues Joe for both defamation and false light.
3. Foremost company is a national company that installs computers for major corporations. In all of its contracts, there is a release clause or waiver that states that Foremost is not liable for damages caused by the negligent installation of the computers. Bob buys a computer from Foremost, read the contract and release clause and signed it. Later, Bob sues Foremost for negligent installation.© BrainMass Inc. brainmass.com March 21, 2019, 12:31 pm ad1c9bdddf
In your first scenario, there are two issues: proximate cause and strict liability. Proximate cause is the initial act which sets off a natural and continuous sequence of events that produces injury. In the absence of the initial act which produces injury, no injury would have resulted. In order to prevail in a lawsuit for damages due to negligence or some other wrong, it is essential to claim proximate cause in the complaint and to prove at trial that the negligent act of the defendant was the proximate cause of the damages to the plaintiff. Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all.
Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part. Strict ...
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