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. In Peevyhouse, the court cited Groves v. John Wunder Co. a case, where the Minnesota court allowed a jury to give plaintiff damages in the amount of $60,000, where the real estate concerned would have been worth only $12,160, even if the work contracted for had been done. MacPherson v Buick is a landmark case for doing what? if he was under no duty to try to market designs or to place certificates of indorsement, his promise to account for profits or take out copyrights would be valueless. Verdict for the plaintiff. 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. Breach: Here. Minors. If you point to download and install the Eureka 402a Bagless Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. This promise is not enforceable because Willie is not giving up his legal right. If you will repair the roof by the end of the week I will pay you $2000. Mary was celebrating New Years Eve in a public park and unexpectedly drew a pistol from her bookbag, firing it off into the air. Low throughput jitter is critical to successful waterline technology. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. No, because Willie does not have the legal right to drink, smoke or gamble before the age of 21, so he is not giving up any legal right. "It is sufficient that he restricted his lawful freedom of action within certain prescribed limits upon the faith of his uncle's agreement, and now having fully performed the conditions imposed, it is of no moment whether such performance actually proved a benefit to the promisor, and the court will not inquire into it.". b. Bus law ch 12 Flashcards . Therefore, Medic breached the duty of care. Plaintiffs took the shaft to Defendants the next day before noon. Uncle William offers, and Willie accepts, $5,000 to abstain from these vices until age 21. Lefkowitz v. Great Minneapolis Surplus Store facts, Defendant advertised the sale of three fur coats and three fur stoles for $1.00 a piece. Thus the world is not to be identified with any particular substance, but rather with an ongoing process governed by a law of change. Strict liability was first promulgated in the Restatement (Second)of Torts in section 402A. ""I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." The hiker did not know that the rock had been dumped by the property owner on unstable soil. The advertisement said "first come, first serve" . Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. their attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) (c) the contact is not otherwise privileged." Cosmology 5. Paul's response to Dina clearly caused his injury: a severe concussion and facial injuries. Pedestrian v. Employer - Vicarious liability 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. The UCC permits parties to structure their relations so that the buyer has a chance to make final decision after a detailed review. Form two teams of two partners. 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. As a nurse employed by the hospital was pushing the wheelchair through a set of automatic doors at a normal pace; the doors closed on the patient's foot, injuring it. Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. o Threat Due to Defendants' neglect, the delivery to Joyce was delayed, and Plaintiffs did not receive the new shaft for several days after they should have received it. As there were other vehicles immediately behind and in front of the garbage truck. Don't need to apply Ybarra rule. Promissory estoppel could be invoked when necessary to avoid injustice. Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. However, the law provides narrow exceptions in some instances when parties owe a specific duty to one another, such as when parties have a "special relationship. 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. Before the friend could say anything, the man pushed him to the ground. Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. The nephew gave up his legal rights at the request of his uncle. -must have cause-and-effect relationship Dotty was shopping in Supermart. Jitter is a term used to describe the variation in conduction time of a water power system. Arnold owns Blackacre and lives there. Paul's response of jumping to the side was foreseeable, as was the possibility that he would hit something or fall down when he did so. A woman invited six friends to her parents' house to watch a football game. It helps to enforce the conclusion that the plaintiff had some duties. 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. What rule of contract law did the court apply to the facts in Hamer v. Sidway? The pen flew though the air and hit an office assistant, who was walking by at the time. The customer inspected the package, tried out the software, learned of the license and did not reject the goods, which the customer could if the license was unsatisfactory. An investigation of throughput jitter in the opening switch of a prototype system (Journal of Applied Physics) yielded the following descriptive statistics on conduction time for n=18n=18n=18 trials: x=334.8\bar{x}=334.8x=334.8 nanoseconds, s=6.3s=6.3s=6.3 nanoseconds. The second baseman was infuriated by the runner's action and pushed the runner to the ground when he stood up. 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. -the defendant breached the duty of care (b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and I. His condition worsened, eventually resulting in paralysis. \end{array}\\ Does the promise restrict the promisor's autonomy? The runner slid in such a way that his foot was elevated and knocked the ball out of the second baseman's mitt. Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. Medic agreed and omitted this information from the physical examination form he sent to Employer. BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. Contracts unsupported by consideration are generally not enforceable. It will certainly ease you to look guide Eureka 402a Bagless Manual as you such as. The contract explicitly stated that payment would be given at the end of the year. II. Answer his questions negatively. LaNita Wilson and her minor so., alleged that a patient, Stephen Wilson, who was undergoing joint therapy with LaNita, had expressed to the defendant-psychologists his intention to cause LaNita grave physical harm. Which of the following findings was least important in the court's deciding in favor of the Henningsens in Henningsen v. Bloomfield Motors, Inc.? In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. Uncle William offers, and Willie accepts, $5,000 to abstain from armed robbery and homicide until age 21. Pedestrian v. Driver physical contact, Leichtman v. WLW Jacor Communications Facts, Plaintiff brought an action against defendants, host, and smoker for battery, invasion of privacy, and a violation of a Cincinnati, Ohio ordinance, alleging that a radio station co-host repeatedly blew smoke in his face. It's an invitation because no performance is promised in return for something requested. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence Which of the following statements is most accurate? Plaintiff appealed, Vincent v. Lake Erie Transportation Co. Facts. defendant refused to pay, arguing that the cotton was to be delivered by a different ship also called Peerless, which had departed Bombay in October. Two others earn $116.50\$116.50$116.50 a day. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; (2) Figure out the position that the non-breacher is presently in as a result of the breach; (3) It must be a non-natural use of land. Question 2 60 seconds Q. And to determine liability courts use factors such as foreseeability of the visitor's presence, risk of injury, benefits of the condition, and the burdens to safeguard the condition. Medic agreed, and omitted this information from the physical examination form he sent to Employer. There is not enough information from the facts to show that the accident was actually caused by Driver's breach of duty of care and that Pedestrian's injuries were actually and proximately caused by the Driver's negligence. True False Q13 Something of legal value must be given Restatement of the Law, Corporate Governance. . answer choices Warranty Caveat Advertisement License Question 3 The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. In return they were to split the profits. . Plaintiff was diagnosed with appendicitis and was scheduled for surgery. The injured party is under a legal obligation to take reasonable steps to avoid waste and minimize the breach cost to the defendant, excludes liability for harms that were sufficiently unforeseeable at the time of the defendant's tortious conduct that they were not among the risks that made the defendant negligent. Rob ordered the boys to get down and threw a stick at Jim, who was closest to him. (2) If the breach caused no loss or if the amount of the loss is not proved under the rules stated in this Chapter, a small sum fixed without regard to the amount of the loss will be awarded as nominal damages. Implied Warranty Established. A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. Instead hair was growing from his palm. Problem of the Day: Something of legal value given in exchange for a promise. Problem of the Day: Find the maximum and minimum values of the objective function QQQ over the feasible region. An employee of the demolition company warned him to stay away from the blast zone but the retired technician told the employee that he know what he was doing and had on a hard hat. -unauthorized and harmful or offensive physical contact with another person. Section 402A of the Restatement avoids the warranty booby traps. The witness signed a(n) ______ and agreed to testify in person. Defendants with mental disabilities; Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. may arise from either '(a) a special relation . Tarasoff v. Regents of the University of California Holdings Impact. True False Q11 If a seller gives a written warranty for a product to a consumer,the warranty must be designated as full or limited. Defendants with medical emergencies (heart attack/stroke); 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. A. Employer hired Driver to operate a delivery van. 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. MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. 1. If the steamship had been untied, it would have drifted to sea. 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." Using this, Suppose that 1 dollar is worth 10 pesos. LAW LAW 402A Skills Workshop 6 (1).pdf - Skills Workshop 6 Hoffman v. Red Owl Stores Inc. In most jurisdictions, lowest duty owed by landowner - not to injure intentionally ", An injured party cannot recover for losses that, with reasonable effort, he could have avoided after the promisor's breach became known. But the company's chairman died and the successor stopped the payments. 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. Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. There must be a bargained-for exchange, Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or to bring a sufficient battery claim what must plaintiff do? Every person who adulterates candy by using in its manufacture terra alba or other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor. Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. places bts visited in chicago; judge carmen mullen political party; tdecu mobile deposit limit. Then, draw a line through each incorrect verb, and above it write the form that agrees with the subject. 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 (a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or third person, and (b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and (c) the contact is not otherwise privileged. Simply put: Consideration denotes the receipt by the promisor of "something of value" from the promisee. Therefore, there was an actual causation. The patient sued the hospital, alleging improper maintenance of the doors. Unfortunately, her friend Thomas was standing right next to her, and the sound so frightened him that he immediately fell to the ground, causing him to fracture his wrist and seriously damage a very expensive watch he was wearing on that wrist. The trial court entered judgement for Luis and Rob appealed on the grounds that he did not have the intent to hit Luis and was therefore not liable for battery. Evidence was offered showing Rob threw the stick not intending to hit Jim, but merely to frighten him. He struck his head on the curb and suffered a severe concussion and facial injuries. Paul has sued Dina, alleging tortious causes of action. 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. Across a 20-foot alley Baker owns a house on Whiteacre. 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? She sued but court said there was no bargained-for consideration. Act of God (T/F) A contract is a promise or set of promises which the law will enforce. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). CONCLUSION: Rob will most likely not prevail in his appeal unless his is able to show he was unaware his actions would have resulted in some injury or apprehension. Is the cost of goods manufactured the same as the cost of goods sold? If a sentence is correct, write C at the end. P sued D for breach of contract and D contended that the promise was not supported by consideration. B. Plaintiff bought a Plymouth from a dealership for a present of his wife on Mother's Day. Before the house is built, Bob decides that he does not want it, and notifies Anne to that effect. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. Mutual mistake: a mistake as to the identity of the subject matter, where both parties think differently of the subject being bought This section states: "(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 A common law form of legal action available to a plaintiff who claims that a contract has been breached. Philadelphia, PA. Mar 30 Thu Advisers MCG. Plaintiff wanted to buy the land. True False . Studies demonstrate that Tarasoff did not have disastrous results on patients-psychiatrist confidentiality as originally predicted. The Defendant has submitted evidence showing that each player signed a waiver of liability that included express instructions to avoid intentional head to head contact. An 80-year-old woman, seeing that the rock is about to hit her, jumps out of the way as the rock falls harmlessly to the ground. Which of the following statements best describes the court's reasoning for the ruling in Garratt v. Dailey? Does the promise give the promisor unfettered discretion to perform or not perform the promise? Law 402A Midterm Term 1 / 53 Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) P and D agreed that $5,000 plus interest should remain with D until P was capable of taking care of it. -actual physical contact is unnecessary, -the threat of immediate harm or offensive contact; or Lucy's self-promotion violated the terms of the contract. \end{aligned} 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. Exclusive control Rylands v Fletcher and some later cases:- "(1) A common carrier is under a duty to its passengers to take reasonable action (a) to protect them against unreasonable risk of physical harm, and (b) to give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others. Discover the best homework help resource for LAW at University of Arizona. ASSAULT: assault is the intentional causing of an apprehension of immediate harmful or offensive touching. How would you expect a court to analyze this promise? Defendant is absolutely (strictly) liable for damages resulting from bringing or accumulating on his land anything which, if it should escape, could cause damage to his neighbour, however careful he may have been, and whatever precautions he may have taken to prevent the damage. 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