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Negligence & Strict Liability




1. Edith is a door-to-door saleswoman specializing in spatulas and other types of kitchenware. Edith never calls before she comes to the door of a home, she simply walks from house to house looking for a sale. On January 12, 2009, she went from house to house on a pleasant street in Urbandale. As she approached the home of Jim Crabtree, she walked up his sidewalk and pushed the doorbell located next to his front door. When her finger touched the doorbell, it gave her a strong shock of electricity. The shock was so severe it burnt her fingernail right off the tip of her finger. She went to the hospital and was treated for her injuries. She filed a negligence lawsuit against Jim seeking compensation for her hospital bill. She claimed she was an ?invitee? to the property. At trial, an electrician testified that the shock occurred because the wiring in the doorbell had deteriorated over the years. Jim testified that he was a lonely old man who rarely had any visitors. He stated that nobody had pushed his doorbell for approximately one year, and he had no idea that it would cause an electrical shock. Jim also stated that she was not invited to his property and he never gave her permission to be on the property, therefore she was a ?trespasser? on his property. (5 points);A. Will Edith wins her negligence lawsuit? Circle: Yes or No;B. Thoroughly explain why or why not and explain the strengths or weaknesses of their arguments;2. Homer was using an electric razor to shave while he drove to work. As he lifted up his chin so that he could shave his neck, he ran into the back of Bart?s car. Bart had been sitting at a stoplight. As a result of the collision, Bart's car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and breaks a bone in her leg.;A. If Bart sues Homer for the damages he received to his car under the theory of negligence, will Bart recover? Why or why not? Be sure to address all 5 steps of negligence in your answer. (5 points);B. If Patty sues Homer for damages associated with her broken leg under the theory of negligence, will she recover? Why or why not? Be sure to address all 5 steps of negligence in your answer. (5 points);Additional Requirements;Level of Detail: Show all work;Other Requirements: It is important to learn how to answer questions in a logical manner that demonstrates critical thinking. The best way to do this is to apply the facts to the rule of law and then come to your answer. If you try to come to your answer first, you might miss something along the way. Here is the format in which I want you to try and answer questions for your homework;1. Identify and describe/define the rule of law that you are applying. It is best if you can specifically identify what needs to be proven in order for this rule of law to apply. This is the point where you are showing me, the instructor, that you know the rule of law.;2. Apply the facts by pointing out how the facts do or do not prove what is needed for the rule of law you identified above. If the rule of law requires that the plaintiff prove three things, it is always best to discuss each of the three things, even if you think the answer is obvious. This is the point where you are showing me, the instructor, that you know how to apply the rule of law to a factual situation.;3. Summarize and clearly state your answer to the question. This is the point where you actually tell me the answer.;Here are a couple examples of how students have done this well in the past. Some students prefer a paragraph format while others prefer using more of a bullet-point format. Either is fine, so long as the answer hits all of the key points.


Paper#16385 | Written in 18-Jul-2015

Price : $37