Eliza Adores Animals

question 38

Essay

Eliza adores animals.Consequently, although she works in a small office, she brings a number of pets to work with her every day.She always brings Higgins, her poodle.Depending upon the circumstances, she often also brings Henry, her badger.For the most part, the animals cause no problems.Eliza is very conscientious and she takes every precaution to ensure that her animals do not cause any damage to the people and property around them.Unfortunately, as a result of a thunderstorm, both Henry and Higgins became unusually agitated one day at Eliza's office.And despite Eliza's best efforts to comfort and control them, they both bit Rex, a courier delivery person, as he entered Eliza's office.Eliza is very apologetic, but she does not believe that she should be liable for the losses that Rex suffered as a result of the attack.She did, after all, do her best to protect Rex from harm, both by training Henry and Higgins to behave gently toward strangers and by trying to calm them down during the storm.Based on the common law rules discussed in Chapter 3, would a court hold Eliza liable to Rex? If so, on what basis?

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Definitions:

Carbon Monoxide

A colorless, odorless, and toxic gas produced by incomplete combustion of carbon-containing materials.

Red Blood Cells

Cells in the blood responsible for carrying oxygen from the lungs to the rest of the body and returning carbon dioxide to the lungs for expulsion.

Hemoglobin

A protein in red blood cells that carries oxygen from the lungs to the body's tissues and returns carbon dioxide from the tissues back to the lungs.

Fetal Hemoglobin

A type of hemoglobin found in fetuses that has a higher affinity for oxygen than adult hemoglobin.