To obtain maximum credit, you should answer all parts of a question where parts are noted (
Question:
To obtain maximum credit, you should answer all parts of a question where parts are noted ( A, B, C etc). If no parts are noted, you should consider and divide your answer by the questions asked ( answering each question) or the parties involved ( discuss as to each person etc). IDENTIFY AND APPLY THE LAW. THE ANSWER DOESN'T HAVE TO BE MORE THAN 150
Andy is a retired college professor and his brother Ben is a licensed and certified electrician with 30 years experience. The two men are installing a new electrical box in a neighbor's home on April 2, 2023, when Andy cuts his hand badly while using a wire cutter. Andy screams in pain and Ben, 20 feet away, takes his eyes off what he is doing and wrongly connects two wires that should not be connected. Ben gets a small electric shock which normally would not have caused him to fall. However, the ladder that Ben had bought for this job falls apart due to a loose joint and Ben falls breaking his leg. Evidence shows that more than half the ladders of that type manufactured by Step House Inc. have that loose joint and tend to fall apart without warning at any sudden movement. Please answer each of the following questions:
A) Andy sues the maker of the wire cutter arguing that the cutter was very sharp and therefore too dangerous.
B) Ben sues the maker of the wire cutter because of Andy's injury.
C) A jury awards Ben $ 70,000 but finds that he was 40% at fault in his own harm. How much will he get in NY and under what legal doctrine?
MULTIPLE CHOICE D) Suppose Ben is injured when he is shocked by the cheap wire he is using known in the electrical business as being dangerous and unreliable. Ben argues that he has used this wire in the past with no problems. Will Ben have a claim against the wire company based on his argument of prior safe use?
a) no because the point is he should know better as an expert than to use such wire known In the industry as risky and cheap
b) yes because if he used it safely in the past there must be something wrong with this particular wire
c) yes because he hurt himself using the wire
d) no because the cheapness and danger of this wire is known to everyone everywhere even non-experts.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill