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Torts

Essay by   •  January 2, 2011  •  586 Words (3 Pages)  •  1,433 Views

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The case presented dictates eight parties involved. Those eight parties are the marina, Miss Behavin's ship keeper, Odd A Sea's ship keeper, Sea Duction, U.S. Coast Guard, the Ice Harbor Bridge operator, two injured civilians, and all damaged buildings. Evidence was presented to determine who has what claims. The ship Miss Behavin was not properly anchored. The marina's mooring shore anchor for the ship Miss Behavin was improperly constructed and maintained. Therefore, once the ice caused immense pressure onto the ropes and mooring shore anchor, the anchor gave way and the ship began to drift into the moving channel of the river. The only person aboard the Miss Behavin was the ship keeper whom was unable to properly operate the ship. Yet, the ship keeper did try to drop the ship's anchor but failed to do it correctly. The ship Miss Behavin proceeded to strike the bow of a ship called the Odd A Sea which then broke loose of its mooring. The ship keeper for the Odd A Sea wasn't present on the ship, he was visiting a girlfriend. However, if the ships managed to drop its anchor, it would be ineffective anyways due to the river bottom's condition. The Odd A Sea hit and damaged the ship Sea Duction which was moored next to it. The Miss Behavin and the Odd A Sea drifted down river toward the bridge. The marina called the Coast Guard, thus having the Coast Guard call the Ice Harbor Bridge operator whom did not answer because she was at a local tavern. Therefore, the bridge was not raised, wedging both ships against the bridge causing an ice dam. The bridge became damaged and caused injury to two civilians, and also overflowed the banks for two miles up river damaging buildings along the river.

The principles of law that will be used in this case negligence and superseding or intervening causes. The principle of negligence refers both to a particular tort and to the manner in which it is breached. The tort of negligence imposes liability on anyone whose failure to exercise appropriate care puts

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