Tort Liability
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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. 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 did you apply? Discuss an agent's obligations toward his principal.
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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?
Her neighbor has a claim of negligence against Mary. The reason is that Mary has a duty of care when she is trimming weeds to make sure that she does not cause accidental injury to others. The breach of duty happened when she removed the guard on weed trimmer. There is direct causation between her action of trimming weeds and the rock hitting her neighbor. There is no remoteness between her action of trimming weeds and the neighbor getting hurt. Finally, she has caused harm to her neighbor by hitting her in the eye and causing ...
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