Contra proferenten would also be applied and kelly

This preview shows page 2 - 3 out of 3 pages.

Contra proferenten would also be applied, and Kelly would likely be covered. #6 The fact that Amy’s parents signed a waiver would have no effect; contracts with infants are unenforceable against the infant. The school would likely not be liable; the bus company was an independent contractor. Was the bus driver negligent? Did he fail to exercise reasonable care in not inspecting the brakes? Is that what is normally expected of a bus driver? Maybe he was careless in not telling the students to wear their seatbelts. But maybe he did tell them. Had he told them would Amy have been safe? If the bus driver is negligent, the Coach Lines will be vicariously liable as employer. If the Coach Lines failed to inspect the brakes, they might be found independently negligent. The teachers might be found negligent for not enforcing seat belt rules, and in that case the school would be vicariously liable (or the school board), Amy might be contributorily negligent; surely a reasonable 14 year old should know to wear a seat belt. #7 No. The person must show threat of violence or imprisonment (duress), undue influence arising
Image of page 2

Subscribe to view the full document.

Image of page 3
  • Spring '10
  • elaine
  • Tort Law, reasonable care, Special Relationship, bus driver

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern