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APA
Subject:
Business & Marketing
Type:
Essay
Language:
English (U.S.)
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Topic:
Business law: skiling measures
Essay Instructions:
Instructions: Please read the following fact pattern and discuss the result, using the elements of negligence in your answer. Only discuss relevant issues! I am not as interested in your outcome (who will end up winning) as I am in how you use the law to support your points. Base your answer only on facts given. If additional information is needed, tell me that. Your answers should be about 250 words and are due by November 16.
Alton was injured when his head struck a tree limb as he was water-skiing backwards and barefooted. Alton sued Bobby, the driver of the boat that was towing him, for causing him to go too close to the riverbank and hit the overhanging limb. A law states, “No person shall operate…any vessel, towrope, or other device by which the direction or location of the water skis…may be affected or controlled so as to cause them or any person thereon, to collide with, or strike against any object or person.” Does Alton have a claim? Discuss using the elements of negligence (duty, standard of care, breach, actual cause, proximate cause, damages, and defenses) in your answer.
Please brief the following two cases from your text:
Higgins v. Intex Recreation Corporation (p. 99)
Bunch v. Hoffinger Industries, Inc. (p. 101)
Essay Sample Content Preview:
Running Head: Business Law
Business Law
Student`s name
Instructor`s name
Course title
Submission date
Business Law
The law clearly states that during skiing measures should be put in place that will ensure the safety of the skier and the boat`s driver. There is little that Alton can do to prevent himself from hitting the tree limb because he does not have control of the boat that is driven by Bobby. Bobby risks the life of Alton by driving close to the riverbank where there are tree limbs. Alton has a case against Bobby because the latter is ignorant not to notice that by driving close to the tree limb, Alton may hit one of those tree limbs.
Bobby neglects his duty of ensuring that the people he tows with his boat are safe according to the law. In addition, Bobby knows that during skiing all the people should never be positioned anywhere where they can collide with any other object or person. In this case, Bobby`s boat tows Alton too close to the proximity with the tree limbs. The fact that Alton is skiing backwards, means that he cannot see where he is going. This implies that Bobby has the responsibility of making Alton pass where no objects can hurt him. Bobby ought to understand that he is Alton`s eyes because the latter is facing the direction where they are coming from.
This case can be compared to Higgins v. Intex Recreation Corporation in which the manufacturers of a snow tube by the name of Extreme Sno-Tube II. They neglected their duty by not stating on their product the safety mea...
Business Law
Student`s name
Instructor`s name
Course title
Submission date
Business Law
The law clearly states that during skiing measures should be put in place that will ensure the safety of the skier and the boat`s driver. There is little that Alton can do to prevent himself from hitting the tree limb because he does not have control of the boat that is driven by Bobby. Bobby risks the life of Alton by driving close to the riverbank where there are tree limbs. Alton has a case against Bobby because the latter is ignorant not to notice that by driving close to the tree limb, Alton may hit one of those tree limbs.
Bobby neglects his duty of ensuring that the people he tows with his boat are safe according to the law. In addition, Bobby knows that during skiing all the people should never be positioned anywhere where they can collide with any other object or person. In this case, Bobby`s boat tows Alton too close to the proximity with the tree limbs. The fact that Alton is skiing backwards, means that he cannot see where he is going. This implies that Bobby has the responsibility of making Alton pass where no objects can hurt him. Bobby ought to understand that he is Alton`s eyes because the latter is facing the direction where they are coming from.
This case can be compared to Higgins v. Intex Recreation Corporation in which the manufacturers of a snow tube by the name of Extreme Sno-Tube II. They neglected their duty by not stating on their product the safety mea...
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