Actg 2p40 Essay

Actg 2p40 Essay

Assignment One

With regards to my knowledge about the law from chapters three and four I believe Brad has basis for legal action against Katherine, Syntac, Tom and Stan.

A claim against Katherine by Brad would be on the basis of duty of care. The defendant, Katherine did not take reasonable care of her facility to avoid injury to others. Katherine admitted to knowing the unsafe conditions on the floor and hoping that the code of conduct and the waiver she created would be enough to not be held liable. Although Katherine did have a waiver and code of conduct it was not suffice. Katherine knew that members of her club were substituting players and did not take reasonable action to implement another method of notifying those players. The notice that was left on the lot wasn’t sufficient enough to warn the substituted players of the intermediate danger that might befall them. Though the wavier was signed, at the time that was signed, players never would consider such a injury like that occurred with Brad. Therefore although a waiver may have stated that Katherine was released from liability, she was not because it was not enforced and reasonable measures to explain the waiver and rules were not taken by Katherine.

Brad has basis for taking legal action against Syntac as well. As a manufacturer of a product Syntac has legal responsibility to provide safe products and when a defect in a product is identified, to recall the product and take means of replacing or fixing it. In recalling a product they have the responsibility to notify all customers who have bought the product about the defect and the necessary steps they should take. Syntac breached the duty of care by not providing a safe product which an average customer could use and not notifying all end users of the dangers of the defected product. Syntac’s negligence of their product being unsafe and willingly did little to fix the situation led to the amputation of Brad’s arm, if Syntac had handled...

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