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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:...
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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 .
- Fall '11