LAW 122 Study Guide - Midterm Guide: The Employer, Specific Performance, Tony Twist
2 Mar 2018
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Analysis: ford had calculated how many deaths/serious injuries could be compensated for to still turn a profit without making alterations to the design of the car to make it safer; this had to be rectified by the court. Conclusion: no, therefore ford would be liable to compensate grimshaw. Issue: does sundance have a positive duty to take certain steps from preventing a visibly intoxicated patron from participating in a dangerous activity. If pl exceeds b, then the defendant should be liable. Analogy: sundance owed crocker a duty because of the likely and foreseeable risk of harm resulting from its operation of a competition for profit in a dangerous sport. A reasonable organization should have taken steps to dissuade crocker from competing. Conclusion: the court found for the plaintiff in the amount of 75% liability on the part of the defendant, finding crocker to be contributorily negligent (25%)
