Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the company’s best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.

Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck offloading gasoline to the station’s gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim. Can Jim recover damages from Ruth; from Flowers’ Inc? Why or why not? Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth. Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.
Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the company’s best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck offloading gasoline to the station’s gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim. Can Jim recover damages from Ruth; from Flowers’ Inc? Why or why not? Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth. Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.

Ron supervises delivery of flowers for a wholesale distributor of fresh flowers, Flowers. Inc. In order to accommodate one of the company’s best customers, Ron offers to immediately rush a delivery of fresh peonies. All of the delivery trucks are currently out on delivery. Ron directs an employee, Ruth, to use her own vehicle to deliver the flowers.
Ruth carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the broken line ignite a grass fire. The fire spreads until it reaches a gasoline station one mile away. There is a tanker truck offloading gasoline to the station’s gas tanks. The fire ignites the gasoline being pumped into the tanks, and one of the tanks explodes, causing part of the station structure to fall on and injure a passing motorist, Jim. Can Jim recover damages from Ruth; from Flowers’ Inc? Why or why not? Identify the cause of action. Discuss each element of the cause of action, and relate them to your assessment of whether Jim has a cause of action against Ruth. Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.
business law - s, Sunday, September 22, 2013 at 9:15pm
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Discuss each element of the cause of action, and relate them to your assessment of whether Jim can recover damages from Ruth.

OMG! You expect someone to do this entire assignment for you??

To determine if Jim can recover damages from Ruth, we need to identify the cause of action and discuss each element related to the case.

The cause of action in this case might be negligence. Negligence is a legal theory that allows individuals to seek compensation when they suffer harm due to the careless actions of another person. To establish a negligence claim, the following elements must be proved:

1. Duty of Care: The defendant (Ruth) owed a duty of care to the plaintiff (Jim). In this case, Ruth had a duty of care to operate her vehicle responsibly and not create a dangerous situation.

2. Breach of Duty: Ruth breached her duty of care by carelessly parking her car on a steep hill, leaving it in neutral and failing to engage the parking brake. This breach of duty created an unsafe situation that led to subsequent events.

3. Causation: Ruth's breach of duty was the cause in fact, or actual cause, of the harm suffered by Jim. The car rolling down the hill and knocking down the electric line directly resulted in the grass fire, which in turn caused the explosion that injured Jim.

4. Proximate Cause: There must be a direct connection between the defendant's breach of duty and the harm suffered by the plaintiff. In this case, it can be argued that Ruth's careless actions were a proximate cause of the injuries suffered by Jim, as the chain of events leading to the injury can be directly traced back to Ruth's negligence.

5. Damages: Lastly, Jim must have suffered actual damages as a result of Ruth's negligence. In this case, the injury Jim sustained from the falling structure at the gasoline station would likely be considered as damages.

Based on these elements, it is likely that Jim can recover damages from Ruth since her negligent actions directly caused the injuries he suffered.

Discuss the legal doctrine under which Jim might also recover from Flowers, Inc.

Jim might also be able to recover damages from Flowers, Inc. under the doctrine of agency. This doctrine holds that an employer can be held liable for the negligent acts of its employees if those acts occur within the scope of their employment.

In this case, Ron, as the supervisor of flower delivery, directed Ruth, an employee, to use her own vehicle to deliver the flowers. Since Ron directed and authorized Ruth to perform the delivery, her actions can be seen as within the scope of her employment with Flowers, Inc. Therefore, Flowers, Inc. may be held liable for Ruth's negligent actions, and Jim could potentially recover damages from the company as well.

It is important to note that this analysis is a general overview and may not apply to specific legal jurisdictions or circumstances. Consulting with a legal professional is recommended for a proper assessment of the situation.