As in the case of explosive manufacturing and housing wild animals, running a commercial gas station is a commercial activity that is inherently dangerous no matter what precautions the operator takes to prevent accidents that could cause harm to others. Running a gas station is an ultra-hazardous activity whose dangers can be mitigated as much as possible, but the very nature of the activity is impossible to make completely safe. Therefore, unlike the situation in the supermarket, any injuries suffered by victims of a fire or an explosion caused by the gas station's stored hazardous liquids would not require any showing of negligence on the part of the gas station owners or operators. (Of course, if the plaintiff was injured in a slip and fall in the cashier area and not because of the inherently dangerous aspect of gasoline storage, the same requirement would apply with respect to establishing a negligent breach of duty would apply...
However, public policy demands strict liability where a company (or individual) chooses to engage in commercial activity of a type that is so inherently dangerous that all of its potential risks cannot be completely eliminated. In strict liability, the logical basis of responsibility is not fault, but simply the fairness of protecting others from the possible harmful consequences of that company's choice of commercial activities. Strict liability is a means of allowing potentially dangerous commercial activities while ensuring that those who choose such businesses bear the risk of loss instead of innocent victims who do not profit from the activities and who did not make the choice to engage in them.
Strict Liability & Securities Law Congress defined security laws to include investment contracts, but "investment contract" is not itself defined in law (Condomimiums as Investment Contracts under the Security Laws, 2011). An Eleventh Circuit court decision indicated "The test for an investment contract is whether the contract is (1) an investment of money (2) in a common enterprise (3) made with expectation of profits to be derived solely from efforts of
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales. Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is
Business Law This document contains legal advice made on request of Zmags, an Australian Holiday Brochure. Paper covers the customer law, contract law and other legal issues as found in the brochure for Coasts and Bays. The brochure claims to make the holidays 100% rejoicing for the clients and to offer them a lifetime experience. The brochure offers guidelines about the travel routes as well as the resorts. There are legal
Business Law The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases. Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant
The tort for companionship and society is, by law, only applicable to persons and not to animals, regardless of their regard as companion animals or not. As for the trespass tort, it was found that insufficient evidence was available to prove wrongdoing by the plaintiffs. There was no evidence to suggest how the dogs entered the plaintiffs' property. Evidence of neglect was not sufficient, according to the court. Analysis I was somewhat
" The Encarta dictionary also uses "force" in this context: "To create something, such as a way through something, using physical strength or another kind of power." In Courtney's case, his power was smooth deception. His polite mannerisms, his seeming grace, his expensive clothes, his high-toned office and expensive homes and generosity to the church -- all these things created a very believable deception, that can be seen as "another kind
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