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

Cuál es la función y la importancia en los amigos en la vida

Answers

La importancia de los amigos es algo muy muy especial por que en algun punto de nuestras vidas los amigos son como familia, la amistad es algo increible y especial por que pasas increibles momentos y vives experiencias de vida con ellos, nuestros amigos son nuestro acompañantes que estan contigo por que quieren y no por que les toco como la familia de sangre

Aun que suene un poco feo los amigos tienen una funcion en nuestras vidas y son muchas como para acompañia tambien te pueden ayudar con algun favor o sacarte de algun problema, apoyo emocional tal vez ya grandes en algun negocio etc...

Con esta respuesta quiero dar un consejo y es que valoren a sus verdaderos amigos y que no los descuiden siempre tratar de mantener contacto con ellos y mucho mas despues del colegio y universidad.

How many continents are there in the world?


Answers

Answer:

There are 7 continents in the world.

Asia, Africa, North America, South America, Antarctica, Europe, and Australia.

Answer:

there are 7 continents in world

Write the names of any four newly established universities of Nepal and mention the role they can play for transforming society.​

Answers

Answer:

yeah! refer attached picture! :)

have a great day!

calculate the human development index of nepal if it mean schooling years is 4.9 and expected schooling years is 12.4 ( obtain necessary figure PCI life expectancy etc from the internat​

Answers

Answer:

The HDI was created to emphasize that people and their capabilities should be the ultimate criteria for assessing the development of a country, not economic growth alone

Mr. Grammatica has made a pointed effort to gauge students' prior knowledge of how to calculate percentages. He has had the repeated experience of students holding onto prior schemes despite their inaccuracy. So on the first day of class he passes around a worksheet to gauge their understanding. Which effective strategy of mathematics instruction is Mr. Grammatica focusing on

Answers

Answer:

Considering students' prior knowledge

Explanation:

instructional strategy

This is often refered to as ways used by teachers to give lectures or delivers lessons for the student's sake so as to be able to meet or achieve the learning objective. Strategies can be very explicit but a teacher can make it less explicit and student centered.

Considering students' prior knowledge

The act of igniting prior knowledge and arousing the interest  of student do bring about an instructional context where students can read with purpose, direction and yearning to learn more.  It is said that a good and effective teachers will use different means to activate students prior knowledge so that during lectures or in class they can  build on what they already know, challenge it, engage in thorough thinking about it, and thereafter refine it.

six risky situations youth are frequently exposed to​

Answers

Answer:

vaping and tobacco uses

Explanation:

behaviour that countribute untentional abuse and violence ...unhealty dietary behavoirs.....lndequate physical activity...sexual behaviour that lead to unwanted pregnacy and unwanted pregnancy

2. Explaining According to Ashoka, who can win "heavenly
bliss" and how?

Answers

Explanation:

According to Ashoka, beliefs that were widely held to be true across India have been proven to be false. Because this is the result of hard work. This is not something that can only be reached by a great man; even a tiny guy who decides to strive himself can win tremendous celestial joy.

"Mt Everest is the glory of all Nepali". Justify the statement​

Answers

Answer:

Everest has not only advanced civilization, culture, unity, and pride of the Nepali community and the archives of Nepali people but also the uniqueness and character of the people worldwide. Noting that Mt Everest is the identification and pride of Nepal, he said it is essential to promulgate the Mt Everest more.

A group of researchers surveyed German Internet users to discover their amount of participation in online politics, such as signing a petition and engaging in an online political group, and their level of concern about privacy. The researchers then used statistical methods to make correlations between demographic characteristics, privacy concerns, and online political participation. Which research finding is most indicative of a digital divide in online political participation

Answers

Answer:

visiting online candidates website or signing online petition.

Explanation:

Online politics participation are defined as the activities that are designed to influenced the government which includes voting or face to face activities like protesting against the government policies or volunteering for any campaigns.

The research findings in this area includes online participation of people visiting the websites of the political candidates or even organizing online events and also signing online petitions.

Psychology suggests that because of the _______________________ we are more likely to remember the first and last items conveyed orally in a series than the items between, meaning that we are more likely to remember the beginning and ending of your speech than what you say in the body/middle.

Answers

Answer:

Primacy-recency effect

Explanation:

Memory

This is known simply as a system in the human body that receives, organizes, alters, stores, and retrieves information gotten from the human senses.

Short term memory

In this type of memory, there is little capacity storehouse of the memory system that can hold the information that is said to be in our current conscious awareness.

Long term memory

This is known to be a large or permanent and unlimited capacity storehouse of the memory system of individuals.

Primacy effect

This is simply known as the ability of an individual to be able to remember the first items in a list.

Recency effect

This is also defined as the ability of an individual to be able to recur or remember the last items in a list.

The psychological theory of primacy-recency states that humans are very likely to remember the first and last items said (conveyed) orally in a series than what comes in between.

The main task of state legislatures is to __________. A. create, pass, and amend state laws B. interpret the constitutionality of state laws C. enforce the laws created by state governors D. interpret the constitutionality of federal laws Please select the best answer from the choices provided

Answers

The Main task of state legislatures is to create, pass, and amend state laws

Government is dividend into three arm, the arms are the Federal government, the State government and the local government.

The state legislature is an arm of government in a particular state and this arm is saddled with the responsibility to mainly create, debate, pass and amend law in the house.

The office of the state legislature is called the House of representative (Lower house) or National Assembly (Upper house), this is because each state in the U.S. operate differently

Other features of state legislatures are:

a. The state legislatures passes the law after different hearing

b. The state legislatures balance the Power of the executive arm

c.  The state legislatures deliberate upon matters of national importance and  public issues

e. The state legislatures has the power to amend the constitution

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Roseanna asked Henry, one of her team members, to purposefully think of and voice criticisms as the group discussed a popular idea to open a branch office in another state. This is an example of the use of Group of answer choices the dialectic method. devil's advocacy. storming. dysfunctional conflict. groupthink.

Answers

Answer:

Devil's advocacy

Explanation:

The various steps of decision making process includes:

1. The need to recognize decision making

2. Generate alternatives.

3. Asses alternatives.

4. Choose among alternatives.

5. Implement the chosen alternatives

6. Learn from feedback.

Devil's Advocacy

This is usually known as a term used for any individual who is appointed by another person to be act against or to present arguments against a proposed bill or a matter. It is the critical view of a chosen alternative that is usually made in response to challenges raised by a group member who is acting the role of devil's advocate thereby defends opposing views for the sake of the issue raised.

La provincia de ________________pertenece al departamento de ____________________ y este pertenece al ____________; asimismo Perú es un país que pertenece al continente de _________________el cual forma parte del ________

Answers

La respuesta correcta a esta pregunta abierta es la siguiente.

Desafortunadamente, se te olvidó anexar las opciones o incisos para responder a tu pregunta.

Sin embargo, hicimos un gran esfuerzo por encontrar las palabras correctas que pudieran tener sentido, y después de una profunda investigación podemos responder lo siguiente.

La provincia de San Román pertenece al departamento de Puno y este pertenece al Perú; asimismo Perú es un país que pertenece al continente de Sudamérica, el cual forma parte del continente Americano.

País es un país bello que está a punto de celebrar su bicentenario de la independencia.

Además de recordar a los héroes que consumaron la independencia para separarse de la corona española, es un buen momento para visitar sus extraordinarios sitios arqueológicos. En Perú abundan estos sitios tan interesantes.

Hablamos del legado cultural de Caral, Tiahuanaco y el Perú antiguo, que es de suma importancia en la actualidad para entender cómo se evolucionó pero  hasta conformar la sociedad moderna del Perú, con todas sus características, cultura, tradiciones e historia.

Please help me I neeeed this

Answers

Explanation:

A city-state, or polis, was the community structure of ancient Greece. Each city-state was organized with an urban center and the surrounding countryside. Characteristics of the city in a polis were outer walls for protection, as well as a public space that included temples and government buildings. The temples and government buildings were often built on the top of a hill, or acropolis. A surviving example of a structure central to an ancient acropolis is the famous Parthenon of Athens. The Parthenon was a temple built to honor the goddess Athena. The majority of a polis’s population lived in the city, as it was the center of trade, commerce, culture, and political activity.

There grew to be over 1,000 city-states in ancient Greece, but the main poleis were Athína (Athens), Spárti (Sparta), Kórinthos (Corinth), Thíva (Thebes), Siracusa (Syracuse), Égina (Aegina), Ródos (Rhodes), Árgos, Erétria, and Elis. Each city-state ruled itself. They differed greatly from the each other in governing philosophies and interests. For example, Sparta was ruled by two kings and a council of elders. It emphasized maintaining a strong military, while Athens valued education and art. In Athens every male citizen had the right to vote, so they were ruled by a democracy. Rather than have a strong army, Athens maintained their navy.

Greek city-states likely developed because of the physical geography of the Mediterranean region. The landscape features rocky, mountainous land and many islands. These physical barriers caused population centers to be relatively isolated from each other. The sea was often the easiest way to move from place to place. Another reason city-states formed, rather than a central, all-encompassing monarchy, was that the Greek aristocracy strove to maintain their city-states’ independence and to unseat any potential tyrants.

describe the consequences of rapid population.

Answers

Answer:

Explanation:

Rapid growth has led to uncontrolled urbanization, which has produced overcrowding, destitution, crime, pollution, and political turmoil. Rapid growth has outstripped increases in food production, and population pressure has led to the overuse of arable land and its destruction.

A developing nation-state with relatively little global political power is becoming increasingly concerned with the political climate of a more powerful, highly developed nation-state. In part, this is due to the fact the decisions of the more powerful nation-state will likely affect the future of the citizens in both countries. This is an example of what Ulrich Beck calls

Answers

The question is incomplete and the full version can be found online.  

Answer: risk society.

Explanation:

The concept developed by Ulrich Beck in his book, "Risk Society: Towards a New Modernity," was risk society, not manufactured risk, shared risk, nor external risk, as the other options provided.

According to Beck, contemporary society is transitioning between an “industrial society” and a “risk society” in which society must be taking care of risks that are being produced by the same structure of society.  

The influence that a more powerful nation-state can have over a developing nation-state is a good example of a risk that arises from the same structure of society, in a context that has a strong international influence over national politics and economy.

Paddling a student is a violation of the Code of Ethics?
True
False

Answers

The answer is true.

Paddling a student is a violation of the Code of Ethics, is true. Thus, option A is correct.

What is the Code of Ethics?

A code of Ethics can be determined as a set of rules and regulations to protect the rights and beliefs of a person or an organization. these code dictate the atmosphere and the rules of that organization. These ethics may be different depending on the company.

Paddling a student means when the student is beaten by a paddle on his lower back due to some reason like misbehaving or mischief in a class. as the paddling hurts, it was considered as a form of punishment.

According to the ethical code of conduct, paddling a student with or without his or his parent's consent is treated as an offense and is punishable if found guilty. Therefore, option A is the correct option.

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SOMEONE BE SMART AND ANSWER THIS ILL BRAINLIST
What is the purpose of government rules and regulations in a mixed economy?

A.
Rules and regulations ensure that manufacturers follow fair and competitive practices.
B.
Rules and regulations force manufacturers to agree on interstate taxation and shipping policies.
C.
Rules and regulations require manufacturers to write guidelines in cooperation with other manufacturers.
D.
Rules and regulations help manufacturers agree on what percentage of the market they will sell to.

Answers

Rules and regulations ensure that will allow manufacturers to follow fair and competitive practices are the reason for government rules and regulations in a mixed economy. Thus, option A is correct.

What is a mixed economy?

In a mixed economy, both market influences and government choices figure out which labor and products are created and the way that they are conveyed. By and large, market influences win in mixed economies.

Governments  can look to reallocate abundance by burdening the confidential area and utilizing charge assets to additional social objectives.

Normal instances of government mediation in blended economies incorporate exchange security, sponsorships, designated charge impetuses, monetary upgrade, and public-private organizations.

Therefore, option A is correct.

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Reasons why modern and commercial and animal husbandry are still not growing in Mahalaxmi Municipality (Nepal)

Answers

Answer:

Explanation:

Reasons why modern and commercial and animal husbandry are still not growing in Mahalaxmi Municipality (Nepal) is because u have not looked in book and this link

https://gggi.org/site/assets/uploads/2018/07/GGGI_GMD-Assessment_Mahalaxmi.pdf

một tiếng yêu đương, một chút hành động trí tuệ chúng ta sẽ biến trái đất thành lạc viên vận dụng hiểu biếu của em về tinh yêu hãy làm sáng tỏ câu nói trên

Answers

Answer:

Could you ask your question in English?

Explanation:

Why is the temperate monsoon climate also called the china type of climate?

Answers

The temperate monsoon climate also called the China type of climate because It is found between 30 degrees and 40 degrees north and south of the equator and It has warm moist summer and cool dry winter..

The temperate monsoon climate is also called the China type of climate because it is the predominant climate type found in China. China is a vast country with a diverse topography, and the temperate monsoon climate covers a large part of China, particularly the central and eastern regions. This climate is characterized by distinct wet and dry seasons, with heavy rainfall in the summer months and relatively dry winters. The climate is influenced by the monsoon winds that blow from the east and southeast. The temperatures are moderate, with warm summers and cool winters. Since China has the largest population in the world, this climate type affects a significant portion of the global population, and thus it is also referred to as the China type of climate.

5.analyze positive aspects of federalism ​

Answers

Answer:

Explanation:

Among the merits of federalism are that it promotes policy innovation and political participation and accommodates diversity of opinion. On the subject of policy innovation, Supreme Court Justice Louis Brandeis observed in 1932 that “a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”

What Brandeis meant was that states could harness their constitutional authority to engage in policy innovations that might eventually be diffused to other states and at the national level. For example, a number of New Deal breakthroughs, such as child labor laws, were inspired by state policies. Prior to the passage of the Nineteenth Amendment, several states had already granted women the right to vote. California has led the way in establishing standards for fuel emissions and other environmental policies. Recently, the health insurance exchanges run by Connecticut, Kentucky, Rhode Island, and Washington have served as models for other states seeking to improve the performance of their exchanges.

differences between skilled human resource and unskilled human resource any two​

Answers

Answer:

Skilled human resources refers to the candidate with the education , training and experience to perform specific skill very well without much more than an orientation to your company's culture. Unskilled human resources refers to the candidate which doesn't work and not even experience to perform the specific skill.

Explanation:

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Answer:

people with skilled human resources have different levels of formal education while those with unskilled human resources have limited skills.people with skilled human resources do jobs that require knowledge and skills and they cannot be easily replaced and they earn alot of income.while those with unskilled human resources do jobs that don't require alot of skill ,can be easily replaced and earn a little income.

I hope this helps

Grace missed another deadline and her boss, Louisa, is very upset. She will have to explain to the client again why the project is behind. Louisa thinks she may say something she'll regret if she talks to Grace about this now, so she decides to wait a while. Louisa is using the ________ conflict-handling style. Group of answer choices collaborating avoiding accommodating forcing compromising

Answers

Answer:

the avoiding conflict-handling style

Explanation:  

This conflict-handling style prefers to avoid conflict or negative remarks on the spur of the moment in order to avoid bigger and potentially irremediable confrontations.

This is a passive way of dealing with issues and it works for minor problems (such as a co-worker using social media too much).

However, in this case, since deadline missing seems to have become a dangerous habit for Grace, it is advisable for Louisa to use another conflict-handling style.

"Folk song represents the contemporary society". Justify this statement with example​

Answers

Folk songs represent culture of any society or country.

These songs represent past generation and traditions of fore fathers.

These songs often tell patriotic studies.  

They tell human conditions and human behavior of certain society. These songs creates enthusiasm and some sort of patriotism in humans.

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Behavior decreases because something pleasant is taken away as a consequence of the behavior: Charlie throws a fit in the toy store because his mom would not buy him the game that all his friends have. His mom got embarrassed, so she took away Charlies game from him for a week. Since this happened, Charlie has never thrown a fit in a toy store again. This is an example of:

Answers

Answer:

Negative Reinforcement

Explanation:

The objective of negative reinforcement is to eliminate an aversive thing or situation, that is, to eradicate an unpleasant response in the subject that could bring unpleasant consequences.

In the example stated, we can see that the mother managed to produce this desired effect on the child, since she took the toys away from him for a week, in this way the child learned that he should not get angry or be rude to his mother when they are in the toy stores.

Give Reason

Grids are Useful​

Answers

answer:

They help your audience predict where elements and information will be, making both easier to find and navigate.

Answer:

grids help people predict where elements and information will be, making it easier to navigate and find.

I hope this helps

Why does a person travel or tour?

Answers

Answer:

Some people have hobbies to travel different places and travelling to different place makes our mood fresh and italso helps us to collect some information about those places. so, that a person travel or tour..

Explanation:

Travelling and tours is the best way to makes our heart light..

Answer:

people travel to seek for a week because they want to experience how to work from another place. people travel because they want to learn others culture. they want to see the difference between their culture and other culture. they want to learn others culture because for them traveling is fun while learning..

''con la irrigación adecuada prosperan los cultivos como: el trigo, la cebada, los dátiles, los olivos, las lentejas, las naranjas, las cebollas.''

a que civilización corresponde lo anterior?
roma
egipto
grecia

Answers

La respuesta correcta es "Egipto."

Con la irrigación adecuada en el antiguo Egipto prosperaron los cultivos como el trigo, la cebada, los dátiles, los olivos, las lentejas, las naranjas, y las cebollas.

Es por eso que los antiguos egipcios decidieron establecerse a las orillas del Río Nilo, en el Noroeste de África. Ellos sabían que el río les brindarían grandes beneficios para poder cultivar.

Los antiguos egipcios debieron aprender técnicas de cultivo, y sobre todo, entender la época del desborde del Río Nilo. La famosa "creciente del Nilo." Esa inundación del delta del Nilo llenaba de nutrientes la tierra. Cuando la inundación terminaba y el río volvía a su nivel normal, los Egipcios sabían que la tierra era muy fértil para poder cultivar.

which kind of roofs does the houses in mustang have

Answers

Answer:

thinly chiseled stone squares.

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