Miss Behavin

Assignment 3

“The Adventures of Miss Behavin”

Samantha Phillips

B_LAW 210

-Facts of the case

-Principles of law to be covered

-Laws applied to case facts

-Decision

Facts:

A ship named “Miss Behavin” was stored at a Marina for the winter, three miles up the river from the Ice Harbor Bridge. Large pieces of ice had broken loose due to a storm and had collected around “Miss Behavin” causing pressure on the ropes that held the ships anchor. The anchor broke loose and sent the ship down the swift moving river. The “Miss Behavin” struck the ship “Odd A Sea” stern first causing it to then hit and damage the ship “Sea Duction”. The “Odd A Sea” and “Miss Behavin” then drifted towards the Hood River Bridge causing not only damage to the bridge but also two pedestrians on the bridge. Because of the collision the river began overflowing, damaging several buildings along the river.

The sole occupant aboard “Miss Behavin” was the ship keeper who was responsible for general maintenance and cleaning but was not able not operate the ship. The anchor on “Miss Behavin” was constructed improperly by the marina. After the anchor broke loose the ship keeper attempted to drop the ships anchor but was unable to do so. It was determined that even if the ship keeper was able to drop the anchor it would not have changed the course of the ship because the bottom of the river was too rocky for it to stick. The ship keeper for “Odd A Sea” was not present at the time of the crash. Even if the ship keeper had been there the anchor would not have stuck due to the rocky conditions. The Bridge Operator was not present at the time of the crash because she was at a near by bar with her boyfriend all though she was scheduled to be present at that time.

Laws to be applied:

To determine who is responsible for what percent of what damage I will apply several principals of laws.

Duty of Care will be applied to this case because the interest of other people was infringed upon in this...