(a) Mary goes to the golf course on sunday morning ,eager to try out a new set of golf clubs she has just purchased.as she tees off on the first hole,the head of her club flies off and injures a nearby golfer.
(b) Mary's doctor gives her some pain medication and tells her not to driver after she takes it, as the medication induces drowsiness. In spite of the doctor's warning, Mary decides to drive to the store while on the medication. Owing to her lack of alertness, she fails to stop at a traffic light and crashes into another vehicle, injuring a passenger.
2007-10-15 07:46:54 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Negligence starts with a duty of care, and breach of that duty by falling below the standard of care -- we'll leave causation and damages aside for the moment.
In the first example -- you can analyze negligence on behalf of the manufacturer, under a negligence products liability theory -- as well as potential negligence for the golfer.
In the second example -- you can analyze negligence by the doctor -- as well as negligence (either direct or contributory) by Mary.
So, for each of those -- what is the duty the person owed -- and was it an implied or explicit (statutory) duty -- and did that party fall below the required standard of care.
The actual analysis is left as an exercise for the student.
2007-10-15 08:00:34 · answer #1 · answered by coragryph 7 · 0⤊ 1⤋
The second. Mary had a duty of care to the public (to not drive while under the influence) which she breached. As a result of her breach of her duty of care, another person suffered harm which can be directly traced to Mary's breach.
2007-10-15 07:50:08 · answer #2 · answered by fredo 4 · 1⤊ 0⤋