The T.J Hooper - could not call for help nor listen to reports therefore the tug master could have been liable for the cargo and it’s damages

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
The T.J. Hooper 60 F.2d 737 (1932) Fact: Operative Facts: A tug carrying cargo did not have a set of radios to receive or transmit radio frequencies on board. Their set was actually not working. They then could not hear the weather report that a storm was coming in. The storm blew off their cargo, and the master of the ship was liable for both the two cargo and what was in the cargo. Issue: Whether they were required to have the radio, they did not need one by statue Rule: Negligence is when a person fails to emit not only a standard duty of care, but to create unnecessary risks that society is not willing to accept Rational: It ultimately is up to the jury to decide wither the practice of having a radio is under the tug master’s standard duty of care. They deemed it was. There was enough evidence that shows that a tug master must have had a radio to at least call for help on the ship. Since their radio was not working, it
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: could not call for help, nor listen to reports, therefore the tug master could have been liable for the cargo and it’s damages, through negligence, because there is evidence that if the master had heard the storm, then the they would have turned the tug around. However, just because it is a standard amongst the ship members to have a radio, it does not mean, that by itself, is a requirement for him to have a radio. The courts also recognizes that lagged effect of adoption. Suggesting to weight the cost and benefits. Holding: Broad: Narrow: If it is reasonable standard and the jury believe it is a standard duty of care for a tug master to own a radio on their ship, and they do not, then they could be held liable for negligence for any incident that arises out of such incident. Synthesis: No customs. (or custom not to have). Still have to do a BPL Dissent/Concurrences:...
View Full Document

This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

Ask a homework question - tutors are online