Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

تمرين 7

Bernard and Cheryl Mortise and another couple were riding their all-terrain vehicles (ATVs) on a Saturday night in early March on land owned by Oneida County in New York. As they had before, they sported on logging roads. As before, they did not notice any fences or signs restricting use. Unknown to them, the county had given the Army National Guard permission to use the land for field training exercises; one was occurring that night. The United States agreed to pay the county for any damages caused by the exercises. The Guardsmen set up trip wires near their mortar placements so that when faux enemies approached, smoke flares would be set off, revealing the "enemy" position. After the ATVs went up a road, a guardsman rigged a trip wire across the road. When they came back down single file, Bernard, in the lead, tripped the wire, igniting a flare that spewed debris all over him. Instantly, Guardsmen in camouflage came out of the woods, pointed their guns at him, and "dry fired" (i.e., no bullets). He pleaded with them not to shoot. One of the Guardsmen fired a blank round. Cheryl thought her husband had been shot and started screaming. They were told to shut up and shut off their ATVs. The Guardsmen, convinced they were "enemy" decoys, treated them brusquely, cursing and telling them they were prisoners. Soon a lieutenant arrived, realized the mistake, and explained what had happened, and allowed them to go. The Mortises sued for assault, a claim for which the United States has not waived sovereign immunity, and therefore the claim was barred. They then claimed to be beneficiaries of the indemnity contract between the county and the United States. Were the Mortises intended beneficiaries of the contract? Explain.