Art attended a backyard party at Barb's house where friends from his class were celebrating their...
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Art attended a backyard party at Barb's house where friends from his class were celebrating their college graduation. While Barb was grilling steaks in the corner of her backyard, smoke from the grill drifted into the adjacent yard of her neighbor Carol, irritating Carol's eyes and causing her to suffer a painful cough. Carol called over the fence to Barb, asking that Barb turn off the grill because the smoke was hurting Carol's eyes and throat. Barb ignored Carol, who was forced to go back inside her house to avoid the smoke. Art decided to leave the party at about 10 p.m. because Dave, who had been drinking too much, was getting argumentative. As he stood up and turned to say goodbye, he saw Dave lift an empty glass bottle and realized that Dave was about to throw it at him. Ed also saw this and tackled Dave from behind, but Dave had already thrown the bottle. Barb did not see any of this, but as Art ducked, the bottle hit Barb in the head. Dave chased Art into the house, pushed him into a bathroom without windows, and put a chair under the doorknob to hold the door closed. Dave then left the party. Art was unable to get out of the bathroom until another person came by several minutes later and removed the chair. On what theory or theories, if any, might each of the persons named below seek damages; what forms of damages, if any, are available under these theories; and what defenses, if any, should each anticipate? 1. Carol? Discuss. 2. Art? Discuss. 3. Barb? Discuss. 4. Dave? Discuss. Art attended a backyard party at Barb's house where friends from his class were celebrating their college graduation. While Barb was grilling steaks in the corner of her backyard, smoke from the grill drifted into the adjacent yard of her neighbor Carol, irritating Carol's eyes and causing her to suffer a painful cough. Carol called over the fence to Barb, asking that Barb turn off the grill because the smoke was hurting Carol's eyes and throat. Barb ignored Carol, who was forced to go back inside her house to avoid the smoke. Art decided to leave the party at about 10 p.m. because Dave, who had been drinking too much, was getting argumentative. As he stood up and turned to say goodbye, he saw Dave lift an empty glass bottle and realized that Dave was about to throw it at him. Ed also saw this and tackled Dave from behind, but Dave had already thrown the bottle. Barb did not see any of this, but as Art ducked, the bottle hit Barb in the head. Dave chased Art into the house, pushed him into a bathroom without windows, and put a chair under the doorknob to hold the door closed. Dave then left the party. Art was unable to get out of the bathroom until another person came by several minutes later and removed the chair. On what theory or theories, if any, might each of the persons named below seek damages; what forms of damages, if any, are available under these theories; and what defenses, if any, should each anticipate? 1. Carol? Discuss. 2. Art? Discuss. 3. Barb? Discuss. 4. Dave? Discuss.
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Answer rating: 100% (QA)
Carol Theory Carol may seek damages under a theory of negligence She can argue that Barb was negligent in allowing the smoke from the grill to drift into her yard causing her harm Forms of damages Car... View the full answer
Related Book For
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts
Posted Date:
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