For 2014 the accounting records show these data. His promise to pay the defendant one-half of the profits and revenues resulting from the exclusive agency and to render accounts monthly, was a promise to use reasonable efforts to bring profits and revenues into existence. On the second hole, the golfer hit an errant shot that bounced off a sprinkler head on the golf course. ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? He's into everything and you have to keep him in line so he doesn't get hurt. According to legal experts in contract law, if I say to you : "If you go over to the bookstore there, you may purchase a sweatshirt on my credit": It is often difficult to determine whether words of condition in a promise indicate a request for consideration or state a mere condition in a gratuitous promise. Defendant had to pay the amounts lost by the plaintiff due to his reliance on their unkept promises. Answer . The woman, because the boy intended to hit the delivery man. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. If a sentence is correct, write C at the end. Breach: Medic breached the duty when it did not inform Employer about Driver's medical condition that would be crucial to Employer's decision to hire Driver. The psychologists move for dismissal. Proximate causation: Medic would assert that the consequence of Driver injuring Pedestrian was not the type of risk that makes their breach of duty a foreseeable type of harm. Conclusion: Employer did not breach its duty of care, it could not be liable for negligent hiring or supervision. There must be agreement on essential factors necessary to establish a contract between the parties. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." Defendant ignored the license and resold the information on the CD database. The nurse attempted to pull the wheelchair back through the doors. There was no privity of contract between the Henningsens and Chrysler. Three steps: What arguments will Pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against: Employer? Assume that the typical American and Mexican consumer purchases the items in the quantities and pays the prices shown in the following table: FoodTransportationServicesPriceQuantityPriceQuantityMexico5pesos40020pesos200United$11,000$22,000States\begin{aligned} Economic: Threats of contract breach or demands for modifications (pre-existing duty rule Dina's actions clearly caused Paul to hit the ground. Breach: Here. When she came face to face with Paul, Dina, without provocation, gestured threateningly and screamed, " I know you're out to get me and I'm going you get you first," and then strode away. Rule: Common law rule for negligence Which of the following statements is most accurate in a jurisdiction that follows the traditional common law approach to duty of care applied to landowners? True False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases. To bring sufficient battery claim, the Plaintiff Ruth Garratt must prove that Defendant Brian Dailey would know with certainty the Plaintiff would attempt to sit down in the same spot where the chair had been. may arise from either '(a) a special relation . Thus the world is not to be identified with any particular substance, but rather with an ongoing process governed by a law of change. IV. Dotty was shopping in Supermart. A person without such a deficiency would not have suffered a broken arm as a result of the push by the second baseman. The witness signed a(n) ______ and agreed to testify in person. Furthermore, the court found nothing in the record that would permit a determination that D was not benefited in the legal sense. II. Coercion and lack of reasonable alternatives, an implied duty/promise of good faith and an implied duty/promise of reasonable efforts/due diligence, Rockingham County v. Luten Bridge Co. Facts, finished building bridge after learned of breach to get contract price; doctrine of avoidable consequences; plaintiff should have stopped working when learned of the breach, cannot collect on work done after the breach. If a party to the contract has a reasonable belief that the other party has the requisite intent to enter into the agreement when he does not, the contract is still enforceable. Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. Unequal bargaining power, Unfair contract terms, No reasonable alternative, (Court Case) The golf ball landed on a rancher's land that bordered the golf course. Suddenly, a garbage truck came around a curve from the other direction at a high speed and crossed the center lane. The representative claimed that he had no authority to alter the contract. Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. $0.00 Two Plaintiffs suffered serious concussive injuries in a bubble soccer league game when each intentionally dove headfirst into each other attempting to head a ball. -the event must be of a kind which ordinarily does not occur in the absence of someone's negligence; medical testimony established the tuna was unfit for consumption. Exception: if child engages in adult action or inherently dangerous actions, duty of care, breach, plaintiff suffered injury/damages, defendant's action caused it. The Plaintiff in such a case does not have to prove any type of negligence on the part of the Defendant; he or she is prima facie answerable (strictly/absolutely liable) for all the damage which is the natural consequence of the ultra-hazardous activity conducted on his or her land that results in injury to a neighboring landowner. C. $6,000, C. $6,000 Plaintiff MacPherson sued Defendant Buick for negligence. The friend fell on a rusty nail and later died of a blood infection resulting from being cut. Plaintiff MacPherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant Buick, broke. According to Judge Easterbrook in ProCd v Zeidenberg, which of the following business practices would not constitute price discrimination? Paul's response of diving to the side shows that he was in fact afraid of being hit. Notes The mental assent of the parties is not a requisite for the formation of a contract. Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling. (T/F) The normal method of enforcement of a contract is for the court to order performance of the contract by the party in default. laissez-faire. b. Question 1 options: A) Strict Liability B) None, as Jennifer is a minor C) Assault D) Negligence Social Science Law LAW 402A Answer & Explanation Solved by verified expert Answered by felixkisia Negligence Student reviews 100% (2 ratings) Explore recently answered questions from the same subject Unfortunately, 402A has proved lacking in detail and left practitioners with an abundance of ambiguities. This is sufficient to constitute intent. Facilitation of fair bargaining, One party must commit a wrongful act and the wrongful act must preclude the other party from exercising his/her free will, Traditional: Threats of physical harm, violence, or false imprisonment precluding a party from exercising his/her free will Plaintiff alleged that she came out into the backyard to talk with her sister and that, when she was about to sit down in a wood and canvas lawn chair, five year-old Dailey (Defendant) deliberately pulled the chair out from under her. An 8-year-old boy throws a rock intended to hit the newspaper delivery man as he rides by on his bicycle. Although most states claim, at least in part, to follow the Restatement (Second), its application differs greatly throughout the courts. Your boss, a car dealer wants to publish the following ad on the company's website:Year/Make/Model: 2007 Hando Concurrent Sedan EX V6Vin#: 1294671254404List price:$27,9952007 asking price: $25,525He asks you, his legal expert, if this ad is an offer or an invitation to make an offer. Something of legal value must be given Philadelphia, PA. Mar 30 Thu Advisers MCG. Should the hiker prevail in a jurisdiction which follows the traditional common law approach to duty of care applied to landowners? What sort of claim can Dotty assert against Canco? - If, however, by her words and actions, she intended to cause an apprehension of present injury, Dina's actions in her first approach are sufficient to constitute assault. The American Common Law System I is one of two courses which conveys what is distinctive about the common law approach as a legal methodology and as a reflection and commentary on the history and politics of the American experience, from the early colonial period to the 21st century world of globalized commerce, human rights concerns and Request a Demo 14 Day Free Trial Buy Now Using this, Suppose that 1 dollar is worth 10 pesos. Jim, Luis, and Sid were playing on the roof of Rob's shed on Rob's property. Damages: Pedestrian must suffer personal injury in order to recover under negligence. The defendant doctor said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand.". Question 2 60 seconds Q. Then, draw a line through each incorrect verb, and above it write the form that agrees with the subject. .The court held that although the defendant's actions were necessary, the plaintiff was still entitled to recover for the damage sustained to the dock. Law 402A Midterm (Contracts) Quiz questions, Statistical Techniques in Business and Economics, Douglas A. Lind, Samuel A. Wathen, William G. Marchal, Fundamentals of Financial Management, Concise Edition, Operations Management: Sustainability and Supply Chain Management. ***". A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. Plaintiff and his wife fell back on the moving belt trying to get on the Flopper ride. Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER. d. William E. Story, 2d had an expectation of damages in the amount of $5,000. Method 3. Defendants with a particular expertise or competence are measured against a reasonable professional standard; If pedestrian can prove legal causation attributable to Driver's negligence, Driver will be liable for negligence. [2] It gave birth to such an enormous body of case law that an entirely new Restatement of Torts, Third: Products Liability was published in 1997 to supersede Section 402A and related sections. Philadelphia, PA. May 22 - 24 Mon - Wed. 2023 Annual Meeting. MacPherson v Buick is a landmark case for doing what? D died without paying P the $5,000 plus interest. Can Rob be held liable to Luis for battery? Defendants with medical emergencies (heart attack/stroke); Bus law ch 12 Flashcards . Influence While they were watching the game, snow fell outside, coating the sidewalk and driveway with a thin transparent layer of slippery ice. Duty: The employer has a duty to make reasonable investigation of the employees it hires for the protection of others against unreasonable rick of harm. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Expert Help. A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. The plaintiff was present when these words were alleged to have been spoken, and, if they are to be taken at their face value, it seems obvious that proof of their utterance would establish the giving of a warranty in accordance with his contention." Expert Answer The law says, " (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his propert View the full answer ", Tarasoff v. Regents of the University of California Facts. Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. Therefore, there was an actual causation. Should the court grant the hospital's motion for summary judgement? Naturally present in most commercial transactions. However, she did not warn Plaintiff. No voluntary action/contribution. A and D are both wrong because the product strict liability plaintiff must show that there was DEUNCH: a defect, the defendant wasengaged in the business of making or selling the product, the product was unreasonably dangerous to the user, there was no substantial change to the productafter it left the defendant's hands, and causation, and harm. Which of the following is an express or implied promise about the nature of the product sold? And the consumer is under no obligation to give notice to the seller within a reasonable time of any injuries. The surface of the road changed as the hiker crossed from the park onto private property but there were no warning signs at the boundary. (b) any other loss, including incidental or consequential loss, caused by the breach, less If the office assistant sues the employee, who will prevail? ICD-10 code S93.402A for Sprain of unspecified ligament of left ankle, initial encounter is a medical classification as listed by WHO under the range - Injury, poisoning and certain other consequences of external causes . Most of the people were intoxicated. When asked, "How long will the boy be in the hospital?" Medic? \end{array}\\ Subtitle 1 - DEFINITIONS; GENERAL PROVISIONS ( 21-101 21-107) Subtitle 2 - TRAFFIC SIGNS, SIGNALS, AND MARKINGS ( 21-201 21-209) Subtitle 3 - DRIVING ON RIGHT SIDE OF ROADWAY; OVERTAKING AND PASSING; USE OF ROADWAY ( 21-301 21-314) Subtitle 4 - RIGHT-OF-WAY ( 21-401 21-406) "Upon receiving Owner's letter, Roofer begins to repair the roof. The Defendant Buick Motor Company is a manufacturer of automobiles, selling cars through a retail dealer. Anne enters into a contract to build a house for Bob. 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