Philip drove a tractor-trailer rig onto a ferry boat. He left the rig in gear because of a problem with the breaks. Posted regulations prohibited the starting of engines before docking, but when the ferry was about 50 feet from the dock, Philip started his engine. That cause the tractor-trailer to jump forward and strike Herrick’s car, which in turn hit Patton’s car. Patton’s car, at the head of the line, crashed through the ferry’s barricades and plunged into the water. The car could not be recovered. What was the tort duty in this case? Where was the breach of the duty? What were the injuries? What was the proximate cause of the injury to Patton’s car?

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Answer:

A) the tort duty in this case is for automoble owners to not start their engine before the ferry docks.

B) the breach of duty in this case is Philip starting his engine before the ferry docked.

C) the injury in this case is the destruction of the ferry's barricade and the loss of patton's car.

D) the proximate cause of injury to patton's car is as a result of Philip's negligence of the tort duty.

  • The tort duty in this case was the tractor- trailer that jump forward and strike Herrick’s car

  • The breach of the duty was simply due to the fact that he left the rig in gear mainly due to problem with the brakes.

  • There were the injuries

  • The proximate cause of the injury to Patton’s car was that of Herrick’s car, hit Patton’s car due to harricks car being hit first by the tractor- trailer.

There are Civil laws that are set up by government and it is concerned with harm to society at large.

Accident can be as a result of negligence or other forms.

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