Bondi Shipping Corp Steered Its Ship, the Surf, into a Dock

question 61

Essay

Bondi Shipping Corp steered its ship, The Surf, into a dock that was owned by Bradman Inc.Bondi intended to make certain repairs to The Surf.During the course of those repairs, Bondi's employees carelessly allowed a chemical, known as australite, to leak into the water surrounding the dock.The australite, which floated on the surface of the water, caught fire after sparks from a welding gun that Bondi's employees were using fell into the water and onto the australite.The flames spread quickly and Bradman's dock was entirely destroyed.The total cost of the damage is $2 million.The court has found that Bondi is vicariously responsible for the actions of its employees, and that those employees committed the tort of negligence when they carelessly allowed australite to leak out of The Surf and onto the water.The court also found that while it is now obvious that australite is flammable in some circumstances, no one knew (or could have known) at the time of the accident that australite is flammable.Will Bondi be held liable to Bradman for compensatory damages? Provide the best explanation for your answer.

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Definitions:

Delaying Action

A tactic or strategy aimed at postponing something or slowing down an opposing force, often to gain more time for preparation or decision-making.

Conflict Buying Time

A strategy used in conflict resolution where time is intentionally taken before responding or making a decision, to allow for de-escalation and thoughtful consideration.

Defense Mechanism

Psychological strategies used unconsciously to protect oneself from anxiety arising from unacceptable thoughts or feelings.

Negativism

An aggressive mechanism in which a person responds with pessimism to any attempt at solving a problem.