Friday, May 3, 2019
Exam 1 Essay Example | Topics and Well Written Essays - 500 words
Exam 1 - Essay ExampleDid Don have traffic of allot? Absolutely, if a person gets into an automobile as a passenger it is entirely reasonable to assert that they deliver and the driver accepts the responsibility of safely conveying them to their destination.In this case, if anything, Don had a greater than normal duty of care as, by the time of the crash, Paula was a virtual prisoner in the vehicle. She repeatedly asked Don to period and let her out of the car. Don ignored her requests. Arguably, Don was a kidnapper at this pint with Paula confined by his refusal to let her out.Regardless of this tangent, Don was responsible for the safe operation of the vehicle and the sentry go of Paula, his passenger. He breeched that care when he drove, insistently, until exhausted and dozed off.A Techbyte employee had driven Paula to the conference and asked Don to tax return her home as he, the president, was staying at the convention for a nonher day. Approached by the president, Don, a trusted employee agreed. He was not doing a friend a favour he was acceding to his superiors request. Further, during the trip they were to discuss Techbytes future computer needs on the way. Ultimately, in this scenario, Don was at work when the accident occurred and acting as an employee of Techbyte and not as an individual.This, then, gives rise to a second question Could Techbyte be held liable for the injuries Paula uphold in the car accident that resulted from Dons negligent driving? Yes, they could. It is difficult to defend against the margin call that Don was acting as an employee when he agreed to drive Paula home. As a trusted employee, presumptively a man the president had known for some time, he was a reasonable and responsible choice. At that point Techbytes duty of care was fulfilled and the duty of care passed to Don, the driver.This is not a industrial-strength claim, but there is a significant mitigating factor here. Don did not injure Paula in
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