LAW 402A/502A & LAW 402B/502B : American Common Law System I & II LAW 450A/550A: Native American Law and Policy LAW 467/567: Tribal Courts Practice and Procedure LAW 468/568: Tribal Criminal Law and Procedure LAW 469/569: Native American Family and Domestic Relations Law Outcomes Skills 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 the retired technician sues the demolition company, will he recover under a theory of strict liability? No voluntary action/contribution. The golf ball landed on a rancher's land that bordered the golf course. Plaintiff is suing defendant sued under a theory of warranty and theory of negligence. something of legal value and bargained-for exchange, Dr promised plaintiff who had scars on his hand 100% it would be gone. The patient has produced no evidence of specific conduct or neglect on the part of the hospital that would have caused the automatic doors to malfunction. No, because the property owner owed no duty to the hiker. Log in Join. A bribe is not considered a contract even if it is agreed to by both parties. a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff's injuries. What Heraclitus actually says is the following: On those stepping into rivers staying the same . Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. Paul's response of diving to the side shows that he was in fact afraid of being hit. There must be a bargained-for exchange, Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or Plaintiff must prove that Defendant would know with certainty the plaintiff would attempt to sit down in the same spot where the chair had been. Breach: Here. True Question 3 1 / 1 pts According to the Bloomberg Business Week report, 2009, the cost of product safety for manufacturing firms is small and inconsequential. Plaintiffs' servant told Defendants' clerk that the mill was shut down and the shaft must be sent immediately. The facts aren't clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. (Ever-Time). Defendant had made numerous promises but not enough that would establish a contract to establish a store that Plaintiff would run. But the company's chairman died and the successor stopped the payments. (b) any other loss, including incidental or consequential loss, caused by the breach, less If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? ANALYSIS: "Transferred Intent:" The common law rule for battery states that Rob's intent to cause apprehension in Jim by threat of harmful contact satisfies the first element, even if Rob hit an unintentional target. 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. Pedestrian cannot establish breach of duty under Res ipsa loquitur. b. Plaintiff bought a Plymouth from a dealership for a present of his wife on Mother's Day. 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} Something of legal value given in exchange for a promise. Rob ordered the boys to get down and threw a stick at Jim, who was closest to him. This action caused the doors to close more tightly on the patient's foot, injuring it further. 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. While they were watching the game, snow fell outside, coating the sidewalk and driveway with a thin transparent layer of slippery ice. Consideration is a necessary element for the existence of a contract. (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if. Award the non-breaching party enough money to put that party in the same position he or she would have been if the contract had been performed. CONCLUSION: on balance plaintiff Dotty has a strong claim against Canco for not ensuring the tuna cans it was selling were fit for consumption before selling them. There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: Defendant ignored the license and resold the information on the CD database. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. d. An executor is appointed by a testator to carry out the terms of his or her will. Here, if it is found Driver was negligent, then Employer hired Driver to operate the van and is thus an employer within the meaning of vicarious liability. Chapter 17 Sport Law Flashcards Quizlet Sport Law A. Digital Commons at St. Mary's University | St. Mary's University Research Mary was celebrating New Years Eve in a public park and unexpectedly drew a pistol from her bookbag, firing it off into the air. Problem of the Day: It will certainly ease you to look guide Eureka 402a Bagless Manual as you such as. -avoid problems of judicial administration and inducements to lie/fake/cover-up at trial, 1. the defendant owed a duty of care to the plaintiff A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. "Upon receiving Owner's letter, Roofer begins to repair the roof. How to determine expectation of damages: (3) It must be a non-natural use of land. Unfortunately, 402A has proved lacking in detail and left practitioners with an abundance of ambiguities. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; 2. Although he was spared physical injury, the son averred in his complaint against the psychologists that he suffered extreme emotional harm as a result of the event. The defendants transferred the cases of benzene by wooden boards onto the ship. LAW 402 ACLS - University Of Arizona School: University of Arizona ( U of A) * Documents (126) Q&A (2) Textbook Exercises ACLS Documents All (126) Homework Help (27) Essays (6) Notes (5) Test Prep (1) Showing 1 to 100 of 126 Sort by: Most Popular 43 pages Main Notes.docx 19 pages Consolidated Notes.docx 8 pages RULES.docx 1 pages Sniadach v. Suppose now that the agreement concerns armed robbery and homicide instead. Dinas second approach - When Dina rode her bicycle at Paul, she committed assault.She clearly intended to cause Paul to be immediately afraid or apprehensive of a harmful touching. ", Tarasoff v. Regents of the University of California Facts. . The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. Defendants had no way of knowing that their breach would cause a longer shutdown of the mill, resulting in lost profits. LAW 402A Quiz Questions Flashcards | Quizlet LAW 402A Quiz Questions Term 1 / 33 What are the most important facts that led the court to decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee? Should the court grant the hospital's motion for summary judgement? In return they were to split the profits. Harmful or Offensive Contact. The Defendant, a doctor (the "Defendant"), removed a considerable amount of scar tissue from the right hand of the Plaintiff, and replaced it with skin from the Plaintiff's chest. The catcher threw the ball to the second baseman as the runner slid into second. d. An executor is appointed by a testator to carry out the terms of his or her will. Several tables in the market were covered with assorted canned food on "Special sale! Question 2 60 seconds Q. 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) What is your opinion, based on Lefkowitz? b. 402A (b) (2) (B) maintains separate recordkeeping with respect to each account. Q14 . Defendant bought a CD-ROM database with a license restriction, limiting the consumer-purchaser to non-commercial use. The buyer must comply with the license terms. Dotty was shopping in Supermart. 2. must be caused by an agency or instrumentality within the exclusive control of the defendant Law 402A Midterm (Contracts) Quiz questions, The Language of Composition: Reading, Writing, Rhetoric, Lawrence Scanlon, Renee H. Shea, Robin Dissin Aufses, Literature and Composition: Reading, Writing,Thinking, Carol Jago, Lawrence Scanlon, Renee H. Shea, Robin Dissin Aufses. ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? And the consumer is under no obligation to give notice to the seller within a reasonable time of any injuries. Does the promise restrict the promisor's autonomy? Answer his questions negatively. Expectation damage rule limits Seller's claim to the difference between contract price-$50- and the market value of the goods at the contract date-$44-or $6 a barrel. A title search of the property reveals the following transactions: Transaction 1: O to Larry Lender a 30. Defendant argued there was a lack of privity. The woman's parents were not at home. There is a multitude of reasons for a miller to send a crank shaft to a third party. Defendant refused, saying the sale was only for women, Lefkowitz v. Great Minneapolis Surplus Store rules. 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. -It must not have been due to any voluntary action or contribution on the part of the plaintiff; No evidence that Dotty mishandled the cans of tuna. The manager was gesturing at the employee with his left hand in which he was holding a pen. Jim, Luis, and Sid were playing on the roof of Rob's shed on Rob's property. Further, Plaintiffs never communicated the special circumstances to Defendants, nor did Defendants know of the special circumstances, Rockingham County v. Luten Bridge Co. rule, "[A]fter an absolute repudiation or refusal to perform by one party to a contract, the other party cannot continue to perform and recover damages based on full performance. A manager and employee were having an animated argument. The hospital has moved for summary judgement. The exact interpretation of these doctrines is controversial, as is the inference often drawn from this theory that in the world as Heraclitus conceives it contradictory propositions must be true. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Defendant signaled for a tug to tow the steamship from the dock but no tug was available because of the storm. Rylands v Fletcher and some later cases:- Form two teams of two partners. Which of the following is an express or implied promise about the nature of the product sold? The Plaintiff was thrown from the vehicle and sustained injuries. a. P sued D for breach of contract and D contended that the promise was not supported by consideration. Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. (A) Advises the Government official responsible for the employee 's appointment (or other Government official to whom authority to issue such a waiver for the employee has been delegated) about the nature and circumstances of the particular matter or matters; and . 1 Restatement, Torts, 29, 13 (Battery) caveat venditor. 25% off." Demotsis in fact only received 500,000 drachmae valued at approximately U.S. $25. Consent of the claimant Jitter in a water power system. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? Employer hired Driver to operate a delivery van. The clerk informed Plaintiffs' servant that if the shaft were given to them by twelve o'clock any day, it would be delivered by the next day. The runner fell to the ground and suffered a broken arm. Actual Causation: But for Medic's information in the physical examination of Driver, Employer would not have hired Driver and Driver would never have caused the injuries to Pedestrian. d. William E. Story, 2d had an expectation of damages in the amount of $5,000. 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. 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." At half-time, all seven people went outside to play in the snow. Implied Warranty Established. (125.401.125.410a) Section 125.402a - Enforcing Agency; Definition. Irrelevant evidence is not admissible. 3. the plaintiff suffered injury/damages (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? promise, reliance, actual reliance, injustice. The trial court accepted found Defendant's version of the events that he was attempting to move the chair toward Plaintiff to help her in sitting down in the chair. A traveler calls a travel agent, is quoted a price, reserves a seat, finds a less expensive price for the airfare, purchases it, and then cancels the original reservation within the required 24 hour period. From the fall, plaintiff received a fractured knee cap and sued the defendant for negligence. Two others earn $116.50\$116.50$116.50 a day. The woman had a duty to warn her friends of any known dangerous condition on the premises. Does the prototype system satisfy this requirement? (3) Figure how much he or she needs to get from the present position to the position he or she would have been in if the contract had been performed. 3. must not have been due to any voluntary action or contribution on the part of the plaintiff. 1. She sued but court said there was no bargained-for consideration. o Physical contact is unnecessary, "An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if Find the maximum and minimum values of the objective function QQQ over the feasible region. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. Plaintiff, contracted with, Defendant, to renovate his home. I.R.C. 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