Legal Issues of Zoom Car Company

Legal Issues of Zoom Car Company This paper discusses whether Zoom Car Company’s conduct of selling a car with faulty dashboard compass to Daniel Boone constituted a tort as presented in the hypothetical case? This question is significant because Zoom Car Company can only be held liable for Daniel Boone’s loss if its action significantly contributed to Daniel Boone’s physical harm. Zoom Car Company committed an unintentional tort by selling a car with faulty dashboard compass to Daniel Boone.Advertising We will write a custom essay sample on Legal Issues of Zoom Car Company specifically for you for only $16.05 $11/page Learn More Under torts law, Zoom Car Company should assume liability for any accident that occurs as a result of faults in its cars. Even though Corrigan Rulers Compasses and Slide Rules, Inc. also committed a tort by selling a faulty dashboard compass to Zoom Car Company, it is the responsibility of Zoom Car Company to ensure that all dashboard compasses are in good condition before installing then in their cars. It is clear from the facts provided in the hypothetical case that Daniel Boone, the plaintiff suffered physical injury. It is also clear from the facts in the case that the plaintiff got lost while driving at night and drove into a high crime area mainly due to the faulty dashboard compass installed in his car. The main reason why the plaintiff opted to buy a car from Zoom Car Company was the fact that its cars had dashboard compasses and would thus assist him in finding his direction whenever he is lost. Daniel Boone’s loss was largely caused by the fact that his dashboard compass was faulty. It is as a result of this that Daniel Boone found himself in a high crime area and ended up with physical injury. Had his dashboard compass been in good working condition, Daniel Boone would not have faced such a misfortune and would have also not incurred any medical cost. Under torts law, the defendant is liable for the plai ntiff’s misfortune as it would have been avoided if his car was installed with proper dashboard compass. The defendant unintentionally caused loss to the plaintiff and should thus take responsibility for his medical costs. While it is clear that the plaintiff suffered injury and incurred medical expenses, it is not clear whether the dashboard compass installed in his car was faulty at the time he bought this car from Zoom Car Company. There is a possibility that the plaintiff would have tempered with the dashboard compass. Besides, customers are always given the opportunity to confirm that goods are in good working condition before purchasing them. How come the plaintiff did not detect the faultiness of dashboard compass at the time he was purchasing this car? Is the defendant’s conduct outrageous to have caused the plaintiff his misfortune? Remember Zoom Car Company only installs dashboard compasses.Advertising Looking for essay on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More The company responsible for manufacturing dashboard compasses is Corrigan Rulers Compasses and Slide Rules, Inc. If the dashboard compasses was not properly installed then, the defendant would be liable. The plaintiff should be clear on whether the dashboard compass was faulty or not properly installed before placing any liability on the defendant. Under civil law, defendant is not directly linked to the plaintiff’s misfortune and, therefore, is not liable to his medical costs. If I was the charge presiding over this case, my ruling would be based on a critical analysis of the facts presented above. First, it is clear from these facts that both the plaintiff and the defendant contributed to the loss suffered by the plaintiff. Under comparative negligence rule, the defendant is only liable for the loss suffered by the plaintiff if he/she had the highest percentage of contribution to the loss. In this ca se, the defendant contributed to the plaintiff’s loss by selling a car with faulty dashboard compass to the plaintiff. The plaintiff contributed to the loss through his negligence as he did not bother to confirm whether the compass was faulty during the purchase of the vehicle and by driving at night when he is not sure of his direction. Apart from comparative negligence, vicarious liability ruling is also applicable in this case. Under vicarious liability, the defendant is liable for harm caused to the plaintiff as a result of a legally binding relationship between them. While this ruling is most applicable when dealing with employee-employer relationship, in this case the car will assume the position of the employee and Zoom Car Company, the employer. It is due to the fault in the car that the plaintiff suffered damage. Since the car was bought from Zoom Car Company, the company should assume any liability arising from faults in the car. Besides, the plaintiff entrusted his future safety to the defendant when he bought a car with dashboard compass assuming that he will never lose his direction. The defendant is thus liable to his loss under torts law as its car failed to fulfill this responsibility. From this analysis, I can conclusively rule that the defendant is liable for loss suffered by the plaintiff. First, the defendant greatly contributed to loss through its negligence. The company ought to verify its devices before installing them to ensure that they are in good working condition. If this was done the damage suffered by the plaintiff would have been avoided. Second, as the company responsible for installing dashboard compasses in their cars, the plaintiff should assume any vicarious liability resulting from faultiness of this device. Zoom Car Company should thus assume liability for Daniel Boone’s medical costs.Advertising We will write a custom essay sample on Legal Issues of Zoom Car Company specifically for you for only $1 6.05 $11/page Learn More

The History Of Psychology Essays - Psychological Theories

The History Of Psychology Essays - Psychological Theories The History Of Psychology The History of psychology Roots of modern psychology remain in the past at the time of ancient Greece, yet the beginning of psychology has been around for nearly a century. Its exact date is 1879, in Leipzig, Germany. Leipzig was the first laboratory for experimental psychology. Wilhelm Wundt was really the first person to actually call himself a psychologist. He was the first person to have an experimental laboratory for psychology. Hermann Von Helmholtz was psychologist in mathematics and experimental mathematical physics. His works are connected with the eye, the ear, and the nervous system. Another person was a German as well, his name was Gustav Fechner, he studied how physical stimulation is translated into sensations, all three of these guys then came up with determinism. Structuralism, introduced in the United States by Edward Titchener, emphasizes the what of mental contents rather than the why or how. This theory is based on presuming all mental experiences could be understood in a combination of events of elements broken into smaller chunks. An example could be smelling a fragrance and trying to analyze what the ingredients are. The argument is that this simplistic theory is based on sensations of the consciousness. Functionalism, according to William James, is the ability for learned habits that help organisms adapt to the environment and function effectively. Structuralism searches for elements and contents, but functionalism goes into the property of the mind and its interactions with the environment. John Dewy is a famous functionalist who used this theory in looking for ways to improve education. In order to understand a behavior, action, or thought, it is important to understand the function or purpose it serves not what the structure may be. In otherwords, explain behaviorism rather than control them. Evolutionism, a theory developed by Charles Darwin, proposes that all species have ever-changing traits that help organisms and species survive in what is called natural selection process. Functionalism deals with behavior whereas evolutionism deals with the process of behavior and mental processes. Structuralism on the other hand deals with what makes up the structure or human mind.

Law events Essay Example | Topics and Well Written Essays - 1000 words

Law events - Essay Example Among these factors, it is generally considered that regulations pose the most potential threat to any firm doing business. Experts call this as regulatory risks that can alter the way a firm operates, whether it adds to its costs or even imperil its existence. An example is clean air standards and higher mileage requirements in the auto industry. The oil industry has likewise adjusted and transitioned to lead-free gasoline in most nations. There are so many rules, regulations, and laws for business firms to comply with, it costs a significant amount to do business nowadays. There are regulations on environment, on workplace safety, consumer protection, employees’ health, fair competition, taxes and business practices which require substantial compliance or otherwise face stiff fines and penalties. The list is practically endless, such that a recent study indicated it costs $10,000 more per worker for a firm to comply with all federal regulations. This paper looks at one such new rule. Discussion The sub-prime housing mortgage crisis which started in late 2007 and which in turn caused the lingering effects of the so-called Great Recession even until today was due to the indiscriminate and widespread lax lending practices of banks, mortgage associations, and other financial institutions that resulted in easy access to credit even for those not qualified. It triggered the worst recession ever since the Great Depression of the 1930s and in turn caused the collapse of many venerable lending institutions, forcing the government to bail them out. A host of new laws had been passed to regulate almost all aspects of business operations in order to prevent white-collar fraud, corporate scandals, and other unsavory business practices. Among prominent laws passed at that time was the Sarbanes-Oxley Act (or SOX) in which corporate chairmen, board members, and external auditors are jointly liable for any substantial financial misstatements found on audited financial reports which investors rely upon. The fragile economic recovery has led many economists to term it as jobless growth, because few jobs were created, and many lost high-paying jobs are expected never to return. The financial crisis has spread to Europe and other parts of the world, it has become sort of a global contagion, in which economies plugged into a globalized world got adversely affected. In America, many homes fell below their original market values, putting homeowners at risk for eviction and foreclosure proceedings from the banks and other big lenders. The credit that was so plentiful suddenly dried up, putting many individuals in a credit or cash crunch. Many American individuals and households had also maximized their credit use to such an extent many of them got over-extended when they maxed out their credit cards for purchase of consumer items and durables which they soon regretted. In other words, people were deeply in debt, and in this volatile situation, the lender s and banks soon turned into a more aggressive collection techniques and strategies to recover their