BB Co.: Negligence Case Study

Decent Essays
To understand why BB Co. would win the case for negligence, it is important to first understand the relationship between the company and the geologic expert. In this case, all the facts point towards the expert being a independent contractor, not an employee of the company. And as the law states, since there is no grounds for direct liability, the principal, in this case BB Co., cannot be held vicariously liable for the independent contractors negligence. As for the strict liability claim, the company would lose, simply due to the fact that strict liability does not take into consideration fault, and is only concerned about the activity that causes harm to the plaintiff.

Due to the dangerous nature of the expert’s work, and the known consequences

Related Documents

  • Great Essays

    Plaintiff Log Case Study

    • 2498 Words
    • 10 Pages

    I. Introduction This is a civil action due to an incident involving a park ranger and UH graduate engineer and his friends at Hawaii State park. The main party being held liable in this civil suit is the UH graduate engineer. Defendant Michael Nishimoto (“Defendant” or “Michael”) argues that this is nothing more than an unfortunate campfire event that accidentally injured Lehua Ching (“Plaintiff” or “Mrs. Ching”), park ranger in her line of duty and he should not be held liable. Also, Defendant argues that Mrs. Ching is a professional rescuer and is barred by the Firefighter rule to seek recovery.…

    • 2498 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    On Thursday, September 22nd at 4:00 p.m., I witnessed the Beebe v. Bozeman Deaconess Health Service, Inc. court case. The judge for this case was Judge Holly Brown. I walked into the court room while they were on recess, so I was a little confused about what was going on at first. It was interesting to be a part of the “please rise” standing ritual when the judge walked in. It makes a person wonder why the benches in the public’s seating area are so noisy, it seemed very disruptive.…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Business Law Case Study

    • 545 Words
    • 3 Pages

    On 10/10/2015, at approximately 0243 hours, your affiant was on routine patrol in a marked patrol vehicle. Your affiant observed a red Ford pick-up truck travelling west in the 700 block of West Centre street (State Route 54). The truck had numerous cracks throughout the entire length of the windshield impairing the operator's visibility. The truck turned right into the parking lot of Boyer's Market. The operator stopped the truck next to vacant parking stales and was blocking the travel lane.…

    • 545 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Baker V. Carr Case Study

    • 812 Words
    • 4 Pages

    Q1 The main inquiry in Baker v. Carr was in the case of redistricting was a legitimate issue the courts could deliver proactively to revise manhandle or a political issue. The state contended that it was a political issue, so the courts had no purview. The case demonstrated a standout amongst the most debilitating in the Supreme Court's history, with the choice held over for re-contention on the grounds that the court couldn't achieve a lion's share choice. Equity Charles Evans Whittaker was so resentful about the case, he at long last recused himself from the choice, and the worry over the choice may have added to his initial retirement from the Court.…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Milestone Three One of the greatest events that resulted from the Triangle Shirtwaist Factory Fire was the creation a nine member commission dubbed the Factory Investigation Commission (FIC). Following the fire, a superficial investigation was completed and it was found that there were conditions in factories and manufacturing establishments that constituted a daily menace to the lives of the thousands of working men, women, and children. It was also found that there was a lack of fire prevention, inadequate fire escapes, sanitary conditions and that a more thorough and extensive investigation was needed to investigate the general conditions of all factory life. This led to the establishment of the Factory Investigating Commission (FIC).…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    RELATED CASES: None SUPPORT DOCUMENTS: Eight Pages Bank Of America Fraud Affidavit/Transaction History. On 12/09/2015, Sandra Agrait contacted the Pasco Sheriff`s Office by telephone to report fraudulent use of her Bank Of America ATM/Debit Card ending in 5457. Ms. Agrait advised she reviewed her bank account transaction history and observed two unauthorized cash withdrawals that she did not make. She said her houseguest, Timothy Midkiss took her debit card out of her wallet, used it to make the cash withdrawals and returned it to her walle without her knowledge or permission.…

    • 206 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    James Hitesman was a registered nurse and shift supervisor at Bridgeway, Inc, nursing home. He displayed concerns to management about that amount of infectious diseases within the nursing home. He claimed that the incidents of infections were rising at a disturbing rate. The management did not take care of the situation as he desired. Therefore, he told a television reporter about the problems in this nursing home.…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    In American Express case, a group of small business merchants brought a class action in court, claiming that American Express is violating antitrust laws with a binding arrangement by using its control power over charge cards to force merchants to take all their credit cards and pay higher fees. The merchants sought to pursue claims against American Express jointly in a class action lawsuit (Olson, 2015). American Express progressed to force the case into individual adjudication with no class action possible. The retailers obtained evidence which showed that the costs of an individual arbitration would have been many times more than the possible maximum amount of damages that each would recover.…

    • 337 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    I. PARTIES TO THE CASE: IBP, Inc. v. Alvarez, 546 U.S. 21 (2005) the plaintiff of this case is Gabriel Alvarez, Individually and on behalf of all other workers of Packing plant in Pasco, Washington. The employees had a class action lawsuit against the defendant Barber Foods and IBP. II. FORUM: In two separate cases, the employees of the packing plant sued Berber Foods and IBP in the United States Court of Appeals for the Ninth Circuit. III.…

    • 1066 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    According to del Carmen 1991, Negligent Entrustment is when a supervisor fails to properly supervise or control an employee’s custody, use, or supervision without of equipped facilities to him or her. (Ross, 2015) Negligent entrustment is more than employee incompetence involving carrying out their duties to incompetence in the use of equipment entrusted to the employee. Amber can sue the West Palm Beach police because they failed to direct the correct way to use the weapon which caused Amber to get shot in the eye with the bean bag. This situation makes the supervisor’s liable under negligent entrustment 1983.…

    • 213 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Study

    • 745 Words
    • 3 Pages

    Hence the plaintiff shall claim damages under the Civil Liability Act 2002 (NSW) s 3b , which is in respect of an intentional act that is done with intention to cause injury or death. In order to successfully sue the defendants for the loss of earnings, Benji must establish the following three basics elements of negligence as defined by Gibson and Fraser (9th Edition) : 1. Does the defendant owe a duty of care to the plaintiff? Duty of care could be established from the neighbor’s test from Donoghue v Stevenson [1932] AC 562, where it states that your neighbor is any person who is so closely and directly affected by what you do (the idea of proximity). Furthermore, it can be concluded from Fraser v Johnston (1990)…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The contract I chose to analysis is a small construction contract in Maine, and it is used when the contract value is less than $50,000. According to the contract, Article 5 “Termination” stated that “this contract may be terminated by either party upon not less than seven days’ written notice to the other party should such other party fail to perform in accordance with the terms of this Contract. This Contract may be terminated by the Owner upon not less than seven days written notice to the Contractor for the Owner’s convenience and without case.” As the textbook said, “when the date or period of time of performance is specified in the contract, performance should be made on that date or within that time period”, and it meets the category “when time is essential”, which means the specific time is vital to both parties, the contract can be terminated in written notice not…

    • 536 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Situational Analysis for Hockley Valley Brewing Co. Inc. Hockley Valley Brewing Co. Inc was established in 2002 and rose to popularity with the introduction of Hockley’s Dark in 2004. Having further expanded to different products, Hockley has been performing quite successfully. Recently, however, Hockley’s management team has become unsure of its product mix and strategic focus due to the sudden drop in sales for what used to be the most popular brands. Below is the OTSW/SWOT analysis.…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the early 1900s, the precursor to the Better Business Bureau (BBB) originated after a deceptive advertising lawsuit was brought up against Coca-Cola. Samuel Dobbs, a Coca-Cola was given the credit for igniting the foundation that targeted various unethical advertising issues. Since then the organization has evolved into what numerous shoppers believe as a consumer watchdog to help certify fair-trading between the consumer and business. However as the years have based, the organizational issues, distressing the BBB have become more prevalent.…

    • 429 Words
    • 2 Pages
    Improved Essays