FIU Carrier’s Liability Discussion

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Running head: LAW
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Carrier’s Liability
Student Name
Institutional Affiliation
Course
Date
LAW
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Carrier’s Liability
Common carrier refers to a carrier’s liability regarding a person or company that
transports goods where they are accountable for any loss that might arise when in transit. The
company transporting commodities such as Doty Express could be liable for any damages when
transporting the 190-square-foot dome. However, the carrier’s liability law has the exception of
limiting the liability if the injury was not caused by the company (Miller, 2021). Therefore,
common carriers not being able to limit their liability on such occasions would not be ideal. Real
property refers to an immobile possession of items such as land in addition to anything that is
grown on it, erected on it, and attached to it, which is inclusive of man-made objects like
buildings, fences, sewers, and excluding anything that can be removed from the land without
injuring it. On the other hand, personal property refers to a portable possession of an item such as
appliances, electronics, and furniture. In this case, I would categorize the dome as personal
property because it was mounted on top of the land, and it could also be unmounted if need be
without damaging the land.
A causa Mortis gift is applied when a party, aware that their death is approaching, gifts
something to the other party. On the other hand, Inter Vivo gift is applied, and the party gifting is
still alive even without the notion of death approaching. In this case, Denai’s gift of land to
Finney could be termed as inter Vivo since it was gifted while alive without and not because
death was looming (Miller, 2021). When Denai agreed to store Finney’s boat in the metal bark, a
bailment for the sole benefit of the bailee relationship was conceived since she had full custody
of the boat even though it still belonged to Finney. It is because Denai had already offered
Finney to live on the corner of her land in exchange for his assistance in woodcutting and
tending to her property. The degree of care required is to keep the boat in the same form as when
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it came in and protect it from damage or theft, which is under the duty of care. Strict liability is
the standard of care used by Doty Express in safeguarding the boat. If there is any damage or
loss to the dome caused by Doty Express flaws like negligence, they will be liable for the
damages caused.
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Reference
Miller, R. L. (2021). Business Law Today, Standard: Text & Summarized Cases. Cengage
Learning.