Unformatted text preview: damage of the dock, since he can pay it. The dock basically provided shelter, at the expense of the dock itself. It is fair to ask the owner for the expenses incured by the dock owner to repair it. Holding: Narrow: If it is too hazardous for a boat to go back into the sea, because of storms of other acts of God, then the damages done from the boat to the dock is payable, if he can pay them. Broad: If a situation makes it so you have to stay in one place longer for safety reasons, you may stay, but you must pay for the damages incured by the owner, if you can. Synthesis: Dissent/Concurrences: Lewis dissenting: Thinks that there is a complete defense, because it is a very circular reasoning. They should have used stronger cables, but the cables only needed to be stronger if the knew the strom was coming....
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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