3 martin v herzog buggy did not have its lights on as

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Economics: A Contemporary Introduction
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Chapter 30 / Exercise 2
Economics: A Contemporary Introduction
McEachern
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3. Martin v. Herzog (buggy did not have its lights on as required by law) 4. Sometimes statute creates a damages claim for violation of the statute. 5. Telda v. Ellman (walking on the highway. if compliance with the statute would actually increase the risk) 6. Gorris v. Scott (sheep) a. Injury must be of a nature that was considered when creating the statute: If statute was designed to protect against X, but A happens, & following statutory guidelines would have prevented A, A far away from what the statute intended & not actionable.) 7
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Economics: A Contemporary Introduction
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Chapter 30 / Exercise 2
Economics: A Contemporary Introduction
McEachern
Expert Verified
7. Fidelity Fruit & Produce Co. (EEbit by spider. only applies when person injured is who statute’s trying to protect) 8. Zerby v. Warren (Teenagers injured/killed sniffing glue. There are “ exceptional statutes.” A violation of one of these statutes creates absolute liability for the resulting harm. Three types of exceptional statues: which fall into this class are: (1) child labor statutes , (2) statutes for the protection of intoxicated persons or (3) to prohibit the sale of sale of dangerous articles to minors . An indemnity clause is always allowable UNLESS the clause relieves a person from negligence in the discharge of an absolute duty imposed by law for the protection of others. Then it is void.) Res Ipsa Loquitur 1. “The thing speaks for itself.” When it’s assumed that injury was caused by the negligent action of another, because in situations like these the accident wouldn’t occur unless someone was negligent. a. the accident must be a kind which does not occur in the absence of someone’s negligence + b. it must be caused by an agency or instrumentality within the exclusive control of defendant + c. it must not be due to any voluntary action on the part of the Plaintiff. 2. Highly formalized/doctrinalized subspecies of circumstantial evidence (arose from old English case) 3. Colmenares v. Sun Alliance Ins. (Airport escalator stopped.) Proof (of negligence) 1. Direct evidence : Physical evidence (baseball bat with blood on it), Videotape of the assault and battery, Expert Testimony, Eyewitness testimony (most common form of evidence) a. Issues that can be raised: i. What are the circumstances of the observation? ii. Did the witness perceive & remember & relate it accurately? iii. Is there possible bias or credibility issues? b. the jury would resolve this question 2. Circumstantial Evidence : Evidence that doesn’t directly tend to prove anything, but permits a reasonable inference. Common category of tort cases – slip and fall. Direct sounds better than circumstantial. 3. Rule against spoiling evidence : If your client destroys evidence, jury may draw an adverse influence or find in favor of the other party, or sanction the client 4. Sufficiency of the Evidence : Takes the job of deciding the cause in fact away from the jury. If the reasonable person could possibly find the causal issue, it goes to the jury.

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