Essay on "Case Mccarty V Pheasant Run"
Essay 2 pages (668 words) Sources: 3
[EXCERPT] . . . .
Using previous precedent, the Court defined that an invitee was an individual who came onto another person's property with the full knowledge of the owner and permission. However, a licensee is an individual who has consent to enter the property, but does so "for his own convenience or on business." The duty of the property owner owes a licensee a degree of reasonable safety and accommodation so that there is nothing that is willful or negligent that might cause harm to the licensee. The evidence in this case showed that Erwin was, in fact, a regular visitor to the Hale's home, had is own key, was able to come and go unsupervised and at will, clearly had an open invitation to the property, and was a potential son-in-law (Knorpp v Hale).At first blush, this would mean that Erwin was an invitee. However, in Texas a "social guest" is classified as a licensee based on previous case law, cited by the Court. To prove damages, Knorpp had to prove that the Hales had previous knowledge that the tree was dangerous and willfully kept that knowledge from Erwin, and acted in a way that would potentially endanger Erwin. The Court found that the tree was not dangerous to anyone until Erwin began to cut it down; and that Erwin did this without explicit instructions or discussion with the Hales. The Hales could thus not be blamed for Erwin's actions, and because the law said that Erwin was a licensee, the Hales could not be held responsible for a condition they neither knew about nor acknowledged (Knorpp v Hale)
SOURCES and WORKS CONSULTED
Knorpp v Hale Case Brief, 981 SW 2nd 469 (Tex. App. 1998). Retrieved from:
http://www.leagle.com/decision/19
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____. Retrieved from: http://www.leagle.com/decision/19981450981SW2d469_11385
Law School Briefs. (1998). Knorpp v. Hale Case Brief. Retrieved from:
http://www.lawschoolcasebriefs.net/2013/02/knorpp-v-hale-case-brief.html
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Quoted Instructions for "Case Mccarty V Pheasant Run" Assignment:
“Write a one to two page paper in which you discuss the current court’s ruling and explain how it arrived at that conclusion. Explanation of Case Brief: McCarty v. Pheasant Run, Inc. – 827 F.2d 1554 (7th Cir. 1987) • typed, double spaced, using Times New Roman font (size 12), with one-inch APA and properly cited. • Include a cover page containing the tile of the assignment
Knorpp vs. Hale Write a 2 page paper in which you determine whether or not this person is an invitee or licensee and defend our response. Invitee or Licensee? Should a person who tours a private home as a participant in a garden club tour of homes, and who pays $25 to the garden club but nothing to the homeowner, be characterized as an invitee or a licensee? typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA and properly cited.
Based upon the discussion in Knorpp vs. Hale: This was my response to the previous discussion. I am only attaching as a reference so the ***** is aware of my response. The paper should not include this information • In Knorpp vs. Hale, the court lays out the duty owed to a licensee. State how you would treat a person who attends a church service as the church's licensee or invitee and what duty of care should a church service attendee be owed by the church. In Knorpp v. Hale, the court defines an invitee as “one who enters on another’s lands with the owner’s knowledge and for the mutual benefit of both” but a licensee as one “who is privileged to enter or remain on land only by virtue of the possessor’s consent, for his own business or for business of someone other than the owner. Therefore, a person who attends a church service is an invitee because it benefits the church for the person to attend, given that church attendees generally tithe to the church, even if they do not tithe at every meeting.
Knorpp v. Hale, 981 S.W. 2d 469 (1998). Retrieved February 18, 2014 from Leagle website: http://www.leagle.com/decision/19981450981SW2d469_11385
How to Reference "Case Mccarty V Pheasant Run" Essay in a Bibliography
“Case Mccarty V Pheasant Run.” A1-TermPaper.com, 2014, https://www.a1-termpaper.com/topics/essay/neglect-court-cases/9817142. Accessed 6 Jul 2024.
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