Business question 1 - 2 page MLA

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OyhrBprna

Business Finance

Description

Question: Neal, a twelve-year old boy, buys a pair of skis from Outdoor Outfitters (“OO”). He tells the salesperson that he has never been skiing but “he really wants to do it.” The OO salesperson urges Neal to take a lesson in the sport before participating in a run. Neal ignores this advice. On his first run down the intermediate slope he loses control and runs into a tree. He suffers a broken leg, assorted cuts and bruises and he has concussion symptoms. Neal’s parents file a lawsuit against OO alleging that it should not have sold the skis to him when he was clearly too young and inexperienced. Discuss the theory of liability upon which the lawsuit is based and what, if any, defenses OO may raise.

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Explanation & Answer

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Negligence of Duty of Care
The case is that of a torturous liability which arises from breach of a duty primarily
fixed by law. The duty is towards persons and its actions are redressable by an action for
unliquidated damages in a court of law (Winfield, Percy, 184). In this case, "OO" owed Neal
a duty of care not only as a customer but also as a minor. Despite the fact that OO urges Neal
to take a lesson in the sport before engaging in a run, he commits an act of negligence of not
foreseeing the possible injuries that would have occurred in cas...


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