Law of Commerce
George then sued francis, the owner of the snowmobile, his son, evan who was driving at the
time of the accident dr.foote, dr cutter, and the hospital for the injuries he suffered. explain what torts
have been committed, the arguments that can be used in defence, and the liability which will likely be
imposed on each of the parties.
Since George has suffered from the civil wrongs done by the owner of the snow mobile,
his son, Dr. Foote and Dr. Cutter, he has a right to due them for tortious liability. In this case,
there were actsof negligence in these four accused persons that resulted in a series of damages
realized by George. One of the arguments that can be used in defense is that the person who
caused the accident was a minor who could not reason enough to avoid injuring George.
However, the law allows a minor to be sued for tort by the name of the parent or the guardian
(Teppler, 2011). Therefore, all these persons, including the son of the snowmobile owner can be
sued for tortious liability. In the law of tort, a minor is equally liable for his actions just the same
way the adults are liable for their actions. When it comes to negligence, minority can be used as
a defense to reduce liability since young persons have no developed mental ability to reason for
themselves. However, this is different when the minor was under the control of the adult as in
this case where the owner of the snowmobile was with his son (Teppler, 2011). Since this minor
was under the control of the father while driving the snowmobile, his father is liable for the
damages caused to George. On the other hand, the two doctors who treated George can also be
sued for negligence by breaching the duty of care. The doctors owed George the duty of care and
were fully aware that acting negligently would amount to damage to their client.
Reference
Tepper, P. (2011).The Law of Contracts and the Uniform Commercial Code.Cengage Learning;
2 edition
