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Bug Usa 5 and 6

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Submitted By Bhamman23
Words 311
Pages 2
Scenario 5:
This would be a harder case to figure out who was at fault. Both Randy and Brian were not adhering to proper traffic laws at the time of the accident which would ultimately put them both at fault. Randy can say that if Brian had not been speeding, there would not have been an accident no matter if he would have yielded or not. Yet in turn there are a few defenses that would be available to BugUSA. Aaccording to (Melvin, 2011, p. 208), “negligence is an accidental (without willful intent) event that caused harm to another party.” BugUSA would be able to state that if Randy would have yielded properly at the intersection there would not have been an accident. It would come down to if BugUSA would be able to prove that Randy’s negligence was at fault for the accident.

Scenario 6:
This would as well be a hard case. Sally would be able to use the tort strict liability and possibly negligence. According to (Melvin, 2011, 208), strict liability is when the tortfeasor may be held liable for an act regardless of intent or willfulness, applies primarily in cases of defective products and abnormal dangerous activities. In this case, BugUSA was aware that an insulator could have prevented the short circuiting which lead to her injury. Yet BugUSA would be able to say that they are not the ones at fault because there is a newer version of the same product and that it is the police department that should be taking on the negligence and strict liability cases because they had not yet purchased the newer equipment or insulators for the older versions. In order for her to have a successful case, she would have to prove that BugUSA had known of the dangerous and did not offer a solution ot the police department.

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