A homeowner contracted for construction of a custom-built, elevated deck in his backyard. The deck's designer supervised the construction, which was carried out by several employees of a local building company. The homeowner was pleased with the appearance of the deck, but the first time he stepped on it, a support on one side of the deck gave way, causing the homeowner to fall and be injured. The homeowner brought an action joining the building company and the deck's designer as defendants, alleging negligence. In his complaint, he alleged that he does not know which of the defendants is responsible for the damages.
Which of the following doctrines would be most helpful against the designer?
A Respondeat superior.
B Res ipsa loquitur.
C Contribution.
D Indemnity.

Answers

Answer 1

Answer:

B. Res ipsa loquitur

Explanation:

Res ipsa loquitur will be most helpful against the designer. Res ipsa loquitur means the thing speaks for itself. It is appropriate in situations where an injury does not usually occur unless someone was negligent and the plaintiff does not know which of the defendants caused the injury.

(A) is not correct because the doctrine of respondeat superior imposes vicarious liability on an employer for the tortious conduct of its employee. That doctrine would be helpful against the building company for any negligence by its employees but not against the designer because the workers were not the designer's employees.

(C) and (D) are incorrect because the doctrines of contribution and indemnity pertain to how the responsibility of the loss is apportioned or shifted among the defendants after the plaintiff has recovered his judgment. They are not relevant to the homeowner's right.


Related Questions

What is regional development? Mention in a sentence.​

Answers

Answer:

The Benefits in urban or regional development are uncertain nd long term in reality. She was subsequently cleared of all charges and became regional development minister. The other two ministries it selected were regional development and agriculture.

write down any four features of province number 1 plzz fast​

Answers

Answer:

It covers an area of 25,905 sq.km.

It is located easternmost part of Nepal

Answer:

Mount everest

Makalu

Sankhuwasabha

solukhumbu

what is peace? list the 6 impotance of peace for development.​

Answers

Answer:

As a young person, I have for the past 6 years been involved in organizing symposiums and forums where young people of my country are given the ...

what is the level of development not the same everywhere? ​

Answers

Because the resources , topography, capital etc are not same everywhere......

What's the difference between racial segregation and economic segregation?

Answers

Answer:

racial segregation is people being separated by their race

the meaning of segregation is the action or state of setting someone or something apart from other people or things or being set apart.

economic segregation is separation of people in different economic classes

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A cross-country driver decides to eat at a local restaurant she has never heard of. She walks in and sees a counter that contains cash register machines; a menu hangs above the counter. Behind the counter, employees wearing headsets and paper hats hustle to and fro, pulling food from a service window and placing it onto trays. These images will most likely trigger a ________ that will lead the traveler to believe she should ________ .

Answers

schema; order at the counter and then seat herself

Due to budget shortages and a critical need of funding to fight a war, Congress enacted a $25 tax on each person flying into an airport in the five most popular vacation destinations in the country, as determined by Congress. The tax was implemented, and officials in the five destinations were outraged, fearing that the number of vacationers to the taxed destinations would decrease due to the tax.
If the tax is challenged in federal court by an official with standing, is the most likely result that the tax will be held constitutional?
A No, because it makes it significantly more difficult for persons to travel between the states.
B No, because the tax unfairly discriminates against certain vacation destinations by taxing them and not taxing other, similar vacation destinations.
C Yes, because the tax is necessary to achieve a compelling government interest.
D Yes, because Congress has plenary power to impose taxes to raise revenue.

Answers

Answer:

C

Explanation:

Answer:

D

Explanation:

You may notice in modern day that taxes are not the same throughout all states, products, and so on. This gives a hint that B is not correct. A itself does not make sense as travel is more of a privilege than a right. It is not the government's problem if someone cannot afford luxuries. C makes it sound like the government is a dictatorship, "achieve ... government interest." This is obviously not true as several bills are shut down even though it would help achieve government interest. D is true. Congress does have plenary powers over a few select subjects, one being to levy taxes.

As part of a psychology experiment, Ed and Todd write essays saying that seat belts are unnecessary and that laws requiring them should be abolished. From a questionnaire given several weeks before, it is known that both Ed and Todd are actually in favor of laws requiring seat belts. In the experiment, Ed is given a very small reward for writing an essay, while Todd is given a large reward for writing the essay. If their attitudes are subsequently measured, what is the most likely result

Answers

Answer:

A). Todd's attitude about seat belts will not change; Ed's will become stronger that seat belts are unnecessary.

Explanation:

In the situation provided, the most likely outcome of giving a huge reward to Todd and small to Ed would be that the former's viewpoint regarding seatbelts would not change while Ed's opinion would turn stronger that there is no requirement of laws for requiring the seatbelts.

The change in Ed's perspective is because of the smaller reward he's received. Behavioral psychologists have proved that rewards act as motivators to stimulate/encourage the recurrence of a specific positive behavior. While the negative behavior is reinforced if a behavior is not rewarded aptly. Similarly, it happens with Ed's changed attitude.

Each of the following represents a market EXCEPT:
A.
eBay
B.
Amazon.com
C.
a yard sale
D.
International Red Cross

Answers

Answer:

D. International Red Cross

Answer:

d

Explanation:

4. What are the types of countries an development status​

Answers

The World Bank classifies the world's economies into four groups, based on Gross National Income per capita: high, upper-middle, lower-middle, and low income countries. Least developed countries, landlocked developing countries and small island developing states are all sub-groupings of developing countries.

A developing country (or a low and middle-income country (LMIC), less developed country, less economically developed country (LEDC), medium-industrialized country or underdeveloped country) is a country with a less developed industrial base and a low Human Development Index (HDI) relative to other countries

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TyrantMC

En que tipo de gobierno no se respeta la constitucion?

Answers

Answer:

En una dictadura.

Explanation:

El término dictadura en su uso moderno se refiere al poder absoluto de un líder, el dictador, o grupo que gobierna sin estar limitado por las leyes, la constitución u otros factores sociales y políticos del estado. La característica principal de la dictadura es la concentración del poder ejecutivo y legislativo en la persona del dictador, que se combina con el control del poder judicial. Estos términos indican precisamente que la ley no ha sido aprobada por un parlamento elegido democráticamente. El término dictadura no suele ser utilizado por los propios dictadores para describir su forma de gobierno. Los dictadores suelen ganar el poder mediante un golpe de Estado o la abolición de la constitución actual.

what the types of human resources and explain. ​

Answers

Answer:

Human resources (HR) is the division of a business that is charged with finding, screening, recruiting, and training job applicants, as well as administering employee-benefit programs.

Explanation:

it's helpful

An investor owned an office building and an apartment building, which were connected to each other. There was no access to the second floor of the apartment building other than a common stairway located entirely within the office building. The investor conveyed the apartment building to a landlord. The landlord, her tenants, and their guests continued to use the common stairway. Subsequently, the investor conveyed the office building to an accounting firm. There was no mention of the stairway in the accounting firm's deed. Both the landlord's deed and the accounting firm's deed were properly recorded. A few years later, the stairway had become dilapidated. The landlord was concerned about the stairway's condition of disrepair, which she felt reduced the value of the apartment building and posed a risk of injury to her tenants and their guests using the stairs. The landlord approached the accounting firm about repairing the stairs, and even offered to pay for half the cost. The firm refused. After getting an estimate from a reputable construction company, the landlord told the accounting firm she was willing to pay the entire cost of fixing the stairs. The firm again refused.

If the landlord files suit against the accounting firm, can she compel it to allow her to repair the stairs?


A Yes, because the landlord has an easement, which implies the power to repair.
B Yes, because the landlord may protect herself from the possibility of tort suits from her tenants and their guests.
C No, because the landlord's interest in the stairs is only for the reasonable lifetime of the structure.
D No, because the landlord has no right to enter the firm's property.

Answers

Answer:

A

Explanation:

what is patriarchal society?anser in very short​

Answers

Patriarchy is a social system in which men hold primary power and predominate in roles of political leadership, moral authority, social privilege and control of property. Some patriarchal societies are also patrilineal, meaning that property and title are inherited by the male lineage.

Explanation:

plz make me as braniliest

Còi máy gọi bến tàu hầm mỏ hòn gia kêu đất đỏ đấu tranh áo nâu liền với áo xanh nông thôn liền với thành thị đứng lên a)trong đoạn thơ trên tác giả đã sử dụng những từ nào để làm phép hoán dụ b)các từ ngữ dùng để làm hoán dụ thay thế cho ai

Answers

What language is this???

why should we developed good character write any five points​

Answers

Answer:

A good character helps you develop a winning personality. In other words, a good character is the backbone of a magnetic personality which attracts other people. One needs to be honest at work. You need to develop a sense of loyalty and attachment towards your organization.

Explanation:

4 Reasons Why Character is Important for Success

The character of those in leadership roles is important. Most of us recognize this and require it in the leaders that we look to work for.

This is not just applicable to CEO’s and leaders of large organisations of political parties. It is applicable to you, the shift manager and you with your team of two or three employees.

The sad thing is that few of us actually seek to continuously improve and develop our own character, instead giving in to our egotistical desires, or act simply to find shortcuts to solutions through selfish acts.

1. Good Character Builds the Trust Needed for Success

Often when one has the goal of leadership in mind, you work on other attributes rather than your character as you attempt to reach your goal.

Being knowledgeable, eloquent attractive with many industry contacts might look like you’re doing well in influencing those you want to. However, if they think that your character is flawed, your potential to lead and influence won’t really ever take off.

Jane is watching her classmate give a presentation discussing the varied beliefs about global warming. By the end of the presentation, she only remembers her classmate’s discussion of how many believe global warming is caused by human activity. Which appears to be challenging Janet’s perception?

Answers

Answer:

Selective perception.

Explanation:

The ability to focus our attention on certain stimuli while ignoring others is called selective perception. Selective perception is a type of cognitive bias that occurs in the perception process when the person, based on her/his expectations, selects an object of attention and disregards the remaining part of the information. The function of selective perception for the person resides in avoiding an overflow in the cognitive system due to the quantity and diversity of the information the person receives. This shows that selective perception has a double utility, since it filters important information for the subject and also eliminates excessive and unnecessary information for the person who receives it.

2) Tiger is the consumer​

Answers

Answer:

here u go

Explanation:

The Tigers are animals that feed on herbivores or primary consumers, so tigers are considered as secondary consumers and placed in the 3rd trophic level of the food chain pyramid. ... Level 3: The organisms which eat only herbivores for their energy, where this is called secondary consumers or carnivores.

hope this helps u

それに答えます ↓↓

Approximately how many people cross Shibuya crossing per minute??​

Answers

Approximately 2.4 million a day and approximately 2,500 a trip

Identify each statement as true of Brazil, or Japan. Brazil The technocratic model of childbirth is dominant. Press Space to open A uniform stipend for pregnant women makes social class less likely to affect care. Press Space to open The humanistic approach to childbirth is dominant. Press Space to open Health-care access is structured by social class, with two tiers of hospitals. Press Space to open Japan

Answers

The technocratic model of childbirth is dominant in Japan.

A uniform stipend for pregnant women makes social class less likely to affect care in Japan.

The humanistic approach to childbirth is dominant in Brazil.

Health-care access is structured by social class, with two tiers of hospitals in Brazil.

The technocratic model of childbirth implies a separation of mind and body during pregnancy. Commonly practiced in industrialized societies that prioritize machines, the human body is seen as a machine that requires intervention for successful procedures. Japan, an industrialized society practices this model.

Japan is also noted for providing a lump sum for all pregnant women that amount to 420,000 Yuans. Those with insurance can access this sum. This will make social class less pronounced.

Brazil has adopted the humanistic approach to healthcare which is based on the belief that there is a connection between the mind and body. Therefore, human emotions can affect the body and most especially during pregnancy.

Social class affects childbirth in Brazil and this is encouraged by the coexistence of public and private hospitals. The public hospitals are overpopulated because they are free while the private hospitals are less populated and offer better care.

In conclusion, Japan practices a technocratic model of childbirth and provides a uniform stipend for pregnant women whereas Brazil practices the humanistic approach and is affected by social class.

Learn more about childbirth here:

https://brainly.in/question/14521377

Behavior increases because something pleasant is added as a consequence of the behavior: The teacher praises students for answering questions in class; because this increases their confidence, these students continue to answer questions even when they are not completely sure if they are right. This is an example of:

Answers

Answer:

Positive reinforcement

Explanation:

In order to get a desirable behaviour, a stimulus is added to the behaviour and there making it more likely the behaviour to happen. The teacher encourages to students to ask questions in the class. It is a part of operant conditioning.

Answer:

Positive reinforcement

Explanation:

A reinforcer is any consequence that causes the preceding behavior to increase. The increase may be in intensity, frequency, magnitude or some other quality.

Which of the following are roles of a political party?

Hire Policy Makers
Unite levels of Government
Collect Fees
Inform Citizens
Create Balance

Answers

Answer:

Hire policy makers, inform Ciizens and Create balance

Explanation:

im not sure tho

Answer:

a

Explanation:

one is the product of mainly socialization.justify this statement with example

Answers

Explanation:

Going over and meeting new people or spending time with friends may also be considered socialisation. The term "socialisation" can refer to "the process of becoming social." Social interaction of a dog or cat with people and other dogs or cats can help pets develop beneficial habits. It's also not a terrible concept for folks.

Communicating with family and friends, getting reminded to follow norms, being rewarded for performing tasks, and being taught manners in society are all instances of socialisation that allow a person to operate in his or her community.

What is the main idea of this passage? Children often suffered severe injuries from working in factories. Few children were injured while working in factories. Parliament made laws that helped keep children safe. Children worked long hours in the factory and received little pay.

Answers

Answer:

child abuse the government has set laws to arrest any body who abuse a child and even child trafficking

Answer:

Children often suffered severe injuries from working in factories (A)

Explanation:

edg 2021

Every time 18-month-old Shayla tried to feed herself, her nanny would tell her to stop and wipe up the mess she had made. Her nanny would then proceed to feed her so the high chair wouldn't get dirty. Which stage of psychosocial development will Shayla likely unsuccessfully resolve

Answers

Answer:

Autonomy vs. shame and doubt

Explanation:

Erikson's Stages of development

There are several stages of development by Erickson. They includes:

1. Trust vs. Mistrust (birth-1 year)

2. Autonomy vs. Shame and Doubt (2-3 years)

3. Initiative vs. Guilt (3-6 years)

4. Industry vs. Inferiority (6-11 years)

5. Identity vs. Identity Diffusion (12-18 years)

6. Intimacy vs. Isolation (early adulthood: 19-mid 20s)

7. Generativity vs. Stagnation/Self-Absorption (middle age: late 20s-50s)

8. Integrity vs. Despair (old age: 60s and beyond)

Autonomy

This is simply known as the tendency of an individual to behave or act on their own act, to have a choice, view of separateness.

Shame and Doubt

This simply means to have doubt about oneself, to see oneself as inferior, cannot do anything right etc.

Autonomy versus shame and doubt

This is a stage in Erikson's theory. This stage simply shows the psychological conflict of toddlerhood and this can only be handled or resolved positively if parents can give/provide young children with the right guidance and right/good choices. It is known to be the 2nd stage of personality development in which the toddler try as much as possible for physical independence.

why does government have a high quality of assessment of scientific procedure?

Answers

Answer:

Due to high importance.

Explanation:

Government have a high quality of assessment of scientific procedure in order to evaluate the scientific procedure and scientific researches. This  quality of assessment of scientific procedure is very important for the validity of the scientific research. It is compulsory for the government to have a quality assessment system of scientific procedure so that's why Government have a high quality of assessment of scientific procedure.

Acting with probable cause, the police arrested a man in connection with the armed robbery of a liquor store. After being given Miranda warnings, the man confessed to the robbery but denied his involvement with several other recent armed robberies of businesses in the area. He was formally charged with the one robbery and put into a cell with a paid informant working undercover for the police. The informant had been instructed to find out what he could about the other robberies but not to ask any questions. The informant began talking about a convenience store robbery in which a bystander was shot and seriously injured by the robber, and he deliberately misstated how it happened. The man, unaware that his cell mate was an informant, interrupted to correct him, bragging that he knew what really happened because he was there, and proceeded to make incriminating statements about the robbery. The man was subsequently charged with armed robbery and attempted murder in the convenience store robbery.

At a motion-to-suppress hearing on that charge, if the man's attorney moves to exclude the statements made to the informant, should the motion be granted?
A. Yes, because the informant deliberately elicited incriminating statements in violation of the man's Sixth Amendment right to counsel.
B. Yes, because the informant's conduct constituted custodial interrogation in violation of the man's Fifth Amendment privilege against self-incrimination.
C. No, because the man had not yet been charged with the robbery of the convenience store when he made the statements to the informant.
D. No, because the informant's conduct did not constitute interrogation.

Answers

Answer:

A

Explanation:

it could also be B but i know it is either C or D.

Jerry is in the Army and his best friend is killed in front of him by a roadside bomb. For several days afterward, Jerry's thinking becomes delusional and he holds a pose as if he were shooting his rifle. After about a week, he returns to normal. The most likely diagnosis is __________ disorder.

Answers

Answer:

The most likely diagnosis is brief psychotic disorder.

Explanation:

A traumatic event such as a tragic loss or a violent accident can trigger an state of alteration and disconnection from reality. Brief reactive psychosis is a rare psychological disorder in which periods of psychotic behavior occur suddenly and of short duration. These psychotic behaviors can range from hallucinations, delusions or confusion among others. Sometimes psychotic symptoms appear suddenly in response to a situation of great stress, although the symptoms can be very intense, recovery occurs within a few days, in other words, normally the symptoms of reactive psychosis resolve on their own in a period of no more than a month.

What is a person put in charge of taking care of something, like property??

Answers

Answer:

personal assistant of finance

Explanation:

A personal assistant of finance is a person put in charge of taking care like your assets, property, investments.

write a letter to your friend mentioning the inspiration you get from the life of gehendra shumsher.


can you help me​

Answers

Answer:

Hello!

How are you, Dear Friend? I hope you and your family are doing well. In my last letter I told you that I would tell you about the accoplishments of gehendra shumsher.

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Please help I need this done ASAP 10 points + crown for whoever has the most accurate answer We did all homework ____ couple of hours 55.Juan, who is 16, is very motivated to make the Olympic swim team. He practices several hours a day and sets very high, but achievable goals in his competitive times for each event. The more improvement he makes, the harder he practices. His goal and behavior best illustrate the concept of HELP ASAP PLEASEE and thank you I will be surprising/ surprised if she does well in her test. (Choose one form from the bracket to complete the sentence) The process of diffusion can be described as: Movement of water from the area of high concentration of solute to the area of low concentration of solute. Movement of solute from the area of low concentration of solute to the area of high concentration of solute. Movement of water from the area of low concentration of solute to the area of high concentration of solute. Movement of solute from the area of high concentration of solute to the area of low concentration of solute. Using a combination of symmetric and asymmetric key encryption, Sofia sent a report to her home office in Indiana. She received an e-mail acknowledgement that her report had been received, but a few minutes later she received a second e-mail that contained a different hash total than the one associated with her report. This most likely explanation for this result is that Read this excerpt and answer the question.Neither should it ever happen that once more the avenues to peaceful change are blocked by usurpers whoseek to take power away from the people, in pursuit of their own, Ignoble purposes.What definition best conveys Nelson Mandela's meaning of Ignoble in his description of the usurpers trying to takepower from the people.A.dishonorableB.selflessC.Bloodthirsty D. humble Explain how to solve the equation.b 7 = 12 Below is a list of account balances for Currie Hospital as of December 31, 2013. Prepare a balance sheet as of December 31, 2013, in proper form. (Hint: You will need to compute the net assets account. Assume that all net assets at the beginning of the year are unrestricted.) You may use either a Word document or an Excel spreadsheet to construct the balance sheet.Account BalanceGross plant & equipment $6,000,000Accounts payable 130,000Inventories 100,000Other current liabilities 70,000Net accounts receivable 650,000Accrued expenses 100,000Accumulated depreciation 200,000Long-term debt 5,000,000Cash 210,000 plz give me this ans by explaining A new member of your team is visually impaired. He's having a hard time reading his computer screen. How can you show that you value diversity? a) Suggest the organization may not be a great fit. O b) Tell him to apply for a different job within the organization that does not b) require computer usage. 12 Od Tell him that he might want to schedule an eye exam. c) d) Provide access to technology that can magnify or read what is on the computer screen. QuestionsSteve played a car race game. He gained some points, lost 27 points, andfinished with less than 400 points. Which of the following inequalityrepresents the given situation?A.)X - 400 < 27B.)x + 27 < 400C.)X - 27 > 400D.) X - 27 < 400 When the selling division in an internal transfer has unsatisfied demand from outside customers for the product that is being transferred, then the lowest acceptable transfer price as far as the selling division is concerned is: ASAP PLEASEEE!!! If the price level were to rise from 160 to 200, in what direction and by how much would the value of a dollar change? Which of the following steps in the management decision-making process does not generally involve the managerial accountant? Determine possible courses of action. Make the appropriate decision based on relevant data. Prepare internal reports that review the impact of decisions. None of these answers are correct. What is a hominid? A)a family of tree-swinging monkeys B)a family of baboons C) a family of primates that include humans D) a family of bipedal apes Which of the elements below have seven electrons in their outermost energy levels? A.) Cr, Mn, and Fe B.) Br, I, and Ci C.) O, S, and Se D.) He, Ne, and Ar Dextra Computing sells merchandise for $16,000 cash on September 30 (cost of merchandise is $11,200). Dextra collects 9% sales tax. Record the entry for the $16,000 sale and its sales tax. Also record the entry that shows Dextra sending the sales tax on this sale to the government on October 15. Explain how the given graph is deceptive.Complete the statements based on the bar graph.By not starting the horizontal axis at 0, the bar appears to be about one-fourth the height of the Pecan bar. The bar appears to be about one-half the height of the Pecan bar. The bar appears to be less than one-half the height of the Pecan bar. This misleads the viewer to the number of each type of nut usedAns:Pine NutWalnutAlmondUnderstimate