This topic contains a solution. Click here to go to the answer
« previous next »

Author Question: Harvey is drinking drunk and weaving in traffic. He sideswipes a car driven by Patrick. Patrick's ... (Read 139 times)

robinn137

  • Hero Member
  • *****
  • Posts: 544
on: Aug 3, 2018
Harvey is drinking drunk and weaving in traffic. He sideswipes a car driven by Patrick. Patrick's car is shoved off the road and into a fence. Toddler Jason was playing in his yard, just inside the fence. Aunt Emily, who is babysitting Jason, suffers a heart attack when she sees Patrick's car careening off the road and heading straight towards her nephew, Jason. Is Harvey liable, in negligence, for Aunt Emily's heart attack?
 
  a. Yes, because his conduct was unreasonable.
  b. No, but he is probably liable for an intentional tort.
  c. No, because Aunt Emily suffered no legally recognizable injury.
  d. No, because Harvey was not the proximate cause of Aunt Emily's heart attack.

Question 2

What is the test for determining when an intervening cause is superseding?
 
  What will be an ideal response?


Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

djofnc

  • Sr. Member
  • ****
  • Posts: 318
Reply #1 on: Aug 3, 2018
Answer to Question 1

d

Answer to Question 2

The test is if the harm caused by the intervening force is outside the scope of the foreseeable risk of harm originally created by the defendant's unreasonable act or omission and/or when the harm caused by the intervening cause is extraordinary and highly unusual.


robinn137

  • Member
  • Posts: 544
Reply 2 on: Aug 3, 2018
YES! Correct, THANKS for helping me on my review

amit

  • Member
  • Posts: 364
Reply 3 on: Yesterday
Excellent

« previous next »
 

Did you know?

Most women experience menopause in their 50s. However, in 1994, an Italian woman gave birth to a baby boy when she was 61 years old.

Did you know?

People often find it difficult to accept the idea that bacteria can be beneficial and improve health. Lactic acid bacteria are good, and when eaten, these bacteria improve health and increase longevity. These bacteria included in foods such as yogurt.

Did you know?

During the twentieth century, a variant of the metric system was used in Russia and France in which the base unit of mass was the tonne. Instead of kilograms, this system used millitonnes (mt).

Did you know?

Coca-Cola originally used coca leaves and caffeine from the African kola nut. It was advertised as a therapeutic agent and "pickerupper." Eventually, its formulation was changed, and the coca leaves were removed because of the effects of regulation on cocaine-related products.

Did you know?

During pregnancy, a woman is more likely to experience bleeding gums and nosebleeds caused by hormonal changes that increase blood flow to the mouth and nose.

(a) Solar-driven air circulation (a) Solar-driven air circulation
Traffic sucks Traffic sucks
Compression Wave in Traffic Flow Compression Wave in Traffic Flow
Some playgrounds near streets with heavy traffic may still have high levels of lead from gasoline ... Some playgrounds near streets with heavy traffic may still have high levels of lead from gasoline ...
Diffusion as an entropy-driven process Diffusion as an entropy-driven process
Buzzed driving is drunk driving Buzzed driving is drunk driving
Video: Endocytosis -Types and Phagocytosis

For a complete list of videos, visit our video library