Saturday, April 27, 2019
Law ass5 Essay Example | Topics and Well Written Essays - 250 words
Law ass5 - Essay ExampleThe decedents relatives be now suing the Inn. Your govern manager asks you to put an end to such problems, and warns you that another incident like this could cost you your job. While you are certainly sympathetic to the plight of the homeless, you also want to keep your job. You feel that installing barbed-wire at the stature of the fence would be inhumane and would also scare your guests. In stead, you opt to turn to a diminished company that manufactures electric fences for cattle. The solution they recommend is to run a hot wire at the slip by of the fence. The wire would deliver a mild, normally non-lethal, electric shock to a would be trespasser. A week later you install the wire. Two days later, another inebriated homeless man, who has a pacemaker, climbs the fence. He dies presently as a result of the mild electric shock. His family sues the Inn.1. Ignoring any municipal codes and statutes that may exist, based on the information you restrain r eviewed in Katko v. Briney, the Coase theorem with respect to negligence, and your own common sense, what are the policy arguments for and against tort liability in this case? The case brings into perspective the eagerness of litigants to sue for damages even when they are on the wrong. The wire mesh erected around the swimming pool differs greatly from the ambuscade in Katko v. Briney. This is because while the trap in the former was hidden and caused damage to an unsuspecting trespasser, a wire mesh is clearly panoptic and when one climbs it, they do so at their own risk. The finale occurred due to the mans poisoning and not negligence on the side of the hotel. If the man had not been inebriated he would certainly have survived. As such, his death is as a result of his own cause and should not be fault on anyone else.The mild shock could not also under normal circumstance have caused death to the homeless man. His inebriated must have largely contributed
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