The castaways would need to demonstrate they suffered bodily harm from Gilligan’s headhunter masquerade under the law in the 1960s. 370 (1952), based upon the Restatement (First) of Torts, section 312 (1934).
Upon their return to Hawaii, the castaways could sue the SS Minnow for Gilligan’s conduct, and Gilligan directly, by showing 1) Gilligan acted intentionally 2) that the act of impersonating a headhunter was unreasonable and 3) that Gilligan should have recognized that the act of dressing as a headhunter would have resulted in illness. This intentional act would constitute the intentional infliction of emotional distress. Gilligan scared his fellow castaways in the final moments of the first episode by climbing out of a cave and rubble in a headhunter’s outfit. As such, it was unreasonable for the Skipper to have Gilligan help prepare the raft for the voyage to Hawaii. Given Gilligan’s self-destructive behavior, should Skipper Jonas Grumby have employed Gilligan in building the raft and rescue mission?Ī Court would likely find Gilligan caused delays, if not outright sabotaged, rescue efforts. Gilligan also functions with diminished mental capacity to the point a Court might find him legally incompetent based upon expert testimony. Gilligan ate most of the food based glue and varnish during the construction of the raft. The Skipper and Gilligan in the first episode made a raft with the intention of sailing for Hawaii and launching a rescue. If the storm was an act of God, there would have been no liability for becoming shipwrecked. If the storm had been foreseeable, the crew of the SS Minnow did not act reasonably in ensuring the safety of the vessel and passengers. It would depend on weather reports, the accuracy of the weather reports, and whether there was time to respond. Was the storm reasonably foreseeable? Maybe. The propulsion system would have been a giant rusting paperweight. There would have been no way to drain the oil and water out of the engines and restore the vessel to operation, because there was no replacement oil for the engines. This would make restoring the vessel impossible. While repairs to the hull might have been possible, the volume of water that penetrated the hull would have flooded the engines. The vessel was beached with multiple hull breaches in its wooden planking. The SS Minnow was shipwrecked after a storm at sea. 2013), citing Section 314A of the Restatement. at 9-10.Īs such, the Skipper & Gilligan had a duty to protect the passengers from unreasonable risk of physical harm, provide first aid if injured, and to care for them until they could be cared for by others. It should be noted that a “common carrier is not an insurer of the safety of its passengers, and it has no duty to avoid all dangers which could not reasonably be foreseen.” Carlos v. Honolulu Rapid Transit & Land Co., 16 Haw. The duties of a common carrier are to “highest degree of care and prudence” for the safety of its passengers, as well as the “utmost human skill and foresight.” Carlos v. They are absolute insurers of the safety of all property entrusted to them for the purpose of transportation, and can only discharge themselves from that liability by showing that the loss was occasioned by the act of God or public enemies. Depue stated the following about common carriers in 1869:īy law, common carriers are held to the strictest kind of accountability. A “common carrier” is defined under case law as “one who undertakes for hire or reward, to transport the goods of such as choose to employ him from place to place.” Babcock & Beene v. Minnow is a “common carrier” with its island charter business and subject to Federal law for carrying passengers for hire. What duties did Skipper Jonas Grumby and First Mate Gilligan owe to the passengers? Given the number of times Gilligan sabotaged opportunities for escape, would the Skipper be liable for damages based on respondent-superior? Did the Skipper have a legal duty to protect the passengers from Gilligan’s destructive tendencies? Did Skipper and Gilligan hold true to the legal obligation of the song to “ do their very best, to make the others comfortable in their tropic island nest“? The story of Gilligan’s Island is one of a common carrier that went on a three hour cruise, only to end with the passengers stranded on a tropical island.
With a last name like Gilliland, I am the third generation to hear my last name mispronounced “Gilligan.” Being a sailor and hanging out with a guy called Skipper also does not help. It is time we talk about Gilligan’s Island.
0 kommentar(er)
