Driver's negligence was the proximate cause since it was foreseeable to Employer that if its employees were negligent while driving the delivery van, the company would be liable. If Rob had sufficient knowledge that harmful contact or apprehension would result from throwing the stick at another or a third party, then he is liable for battery. The hospital has moved for summary judgement. How would you expect a court to analyze this promise? Does the promise give the promisor unfettered discretion to perform or not perform the promise? -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. . Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. $50,000 His condition worsened, eventually resulting in paralysis. There was no privity of contract between the Henningsens and Chrysler. Was plaintiff Wood's promise illusory and therefore not supported by consideration, since it did not obligate him to take any positive action or do anything of an affirmative nature whatsoever? &{\text { Food }} & {\text { Transportation Services }} \\ Should the hiker prevail in a jurisdiction which follows the traditional common law approach to duty of care applied to landowners? Defendant refused, saying the sale was only for women, Lefkowitz v. Great Minneapolis Surplus Store rules. If the steamship had been untied, it would have drifted to sea. The hiker filed and action against the property owner to recover for her injuries. laissez-faire. 1 Restatement, Torts, 29, 13 (Battery) The nephew gave up his legal rights at the request of his uncle. The UCC permits parties to structure their relations so that the buyer has a chance to make final decision after a detailed review. The following exceptions to the rule have been recognized by This is sufficient to constitute intent. 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. 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. Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. The defendants transferred the cases of benzene by wooden boards onto the ship. (a) the loss in the value to him of the other party's performance caused by its failure or deficiency, plus While the cargo was being unloaded, a storm started to build. A title search of the property reveals the following transactions: Transaction 1: O to Larry Lender a 30. We therefore conclude that the true measure of the plaintiff's damage in the present case is the difference between the value to him of a perfect hand or a good hand, such as the jury found the defendant promised him, and the value of his hand in its present condition, including any incidental consequences fairly within the contemplation of the parties when they made their contract. -defendant's negligent act must be causation in fact The family is suing the physicians for negligence. Plaintiffs are suing defendants for not warning them about Tatiana's killer, Poddar. MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. Verdict for the plaintiff. 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. What is your opinion, based on Lefkowitz? No voluntary action/contribution. Additionally, according to the rule from Garratt v. Dailey, whether Rob intended to hit Luis with the stick is irrelevant. 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. Minors. The defendants chartered the ship that was owned by the plaintiffs. 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 . -any action that arouses reasonable apprehension of imminent harm. Is Paul entitled to recover against Dina for assault? Dotty was having a Guest for dinner that evening and purchased two cans of tuna, packed by Canco, from one of the tables displaying the cans. "Upon receiving Owner's letter, Roofer begins to repair the roof. The Plaintiff was thrown from the vehicle and sustained injuries. There is no consideration for the contract modification. The nurse attempted to pull the wheelchair back through the doors. -the plaintiff suffered injury/damages When nephew became 21 he wrote a letter to uncle stating that nephew had performed his part of the agreement and had earned the $5,000. 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 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. (2) Figure out the position that the non-breacher is presently in as a result of the breach; There was an injury. Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling. 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. The woman had a duty to warn her friends of any known dangerous condition on the premises. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered sever injuries as a result. Does the prototype system satisfy this requirement? If a sentence is correct, write C at the end. Section 402A of the Restatement avoids the warranty booby traps. Notes In a jurisdiction following the reasoning and the ruling of the court in In re Polemis, Thomas will likely: Prevail for damages caused to his wrist and his expensive watch, because given Mary's breach of duty towards Thomas, the fact that she could not have reasonably anticipated the type of damage which resulted from her negligent act is irrelevant under In re Polemis. Is the man liable for the death of his friend? .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. A jury verdict was entered in favor of the boy and a new trial was ordered. In groups of four, play hangman (le pendu). Driver pleaded with Medic not to inform Employer of the sleep disorder. The advertisement said "first come, first serve" . 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. defendant entered into a contract to buy 125 bales of cotton from (plaintiff), to arrive from Bombay on the ship Peerless. The feasible region is the set of points on and inside the triangle with vertices (0,0),(8,0)(0,0),(8,0)(0,0),(8,0), and (0,10)(0,10)(0,10). Click the Download Historical Performance link (free registration is required for access to this part of the website). Something of legal value must be given 1. (a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and The steamship was at the Plaintiff's dock to unload cargo. Naturally present in most commercial transactions. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: the United States Constitution; a federal statute; these rules; or other rules prescribed by the Supreme Court. Which of the following best describes Albert's liability to Betty for destruction of her rosebushes in a jurisdiction which follows the rule and reasoning of the court in Vincent v. Lake Erie Transportation Co.? Defendant is a fashion designer who entered into an agreement that Plaintiff would in her employment promote her label. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; 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. New York state law makes it illegal to commit armed robbery or homicide. The manager was gesturing at the employee with his left hand in which he was holding a pen. 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. What Heraclitus actually says is the following: On those stepping into rivers staying the same . Yes, even if he had no desire to kill the friend. (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. 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. 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 Take turns choosing a French word or expression you learned in this lesson for the other team to guess. unitary elastic. at a price of $50 a barrel, payment and delivery in 90 days. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a result. Mary was celebrating New Years Eve in a public park and unexpectedly drew a pistol from her bookbag, firing it off into the air. Economic: Threats of contract breach or demands for modifications (pre-existing duty rule Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." (Conduction time is defined as the length of time required for the downstream current to equal 10%10 \%10% of the upstream current.) Which of the following statements best describes the court's reasoning for the ruling in Garratt v. Dailey? . 1. LAW 402A Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details] Facts: The plaintiff suffered injuries while driving a snowmobile and sued the defendant. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. A technician who had just retired from a demolition company after working there for over twenty years went to visit the site of a demolition being conducted downtown near the river. (b) Assuming a known standard deviation of 0.18mg0.18 \mathrm{mg}0.18mg, calculate the zzz test statistic to test the manufacturer's claim. 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. One of the boards fell and caused a fire. Sailors agreed to work in Alaska for a set sum. 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? 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." The friend's wife sued the man for damages resulting from the friend's death. Consideration is a necessary element for the existence of a contract. 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. The meaning of the agreement was ambiguous so it was not possible to work out what the apparent intent of the defendant was, so the objective principle did not apply and the court had to look at the actual intent. An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. 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. Conclusion: Since there is a duty, breach of duty, causation and damages, Medic will be liable for negligence. Find the maximum and minimum values of the objective function QQQ over the feasible region. 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. According to Judge Easterbrook in ProCd v Zeidenberg, which of the following business practices would not constitute price discrimination? 25% off." Trial by jury. The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. Medic agreed, and omitted this information from the physical examination form he sent to Employer. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." Pedestrian would not have been injured. True False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases. In other words, do they have a contract? Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. Medic? Jitter is a term used to describe the variation in conduction time of a water power system. A system is considered to have low throughput jitter if the true conduction time standard deviation is less than 7 nanoseconds. battery? He's into everything and you have to keep him in line so he doesn't get hurt. Intervening Cause. Method 3. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. Plaintiffs' servant told Defendants' clerk that the mill was shut down and the shaft must be sent immediately. Psychiatrists are now more careful to inform patients at the outset of treatment regarding the limits of their confidentiality. 402a. 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 The runner slid in such a way that his foot was elevated and knocked the ball out of the second baseman's mitt. A golfer was playing his friend for $10 a hole. 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. b. -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. Therefore, there was an actual causation. 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. Defendant received $2000 dollars from Batsakis and agreed to repay it with 8% interest per year when she was able. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. -law establishes a point along the damage chain after for the consequences of his/her actions Problem of the Day: Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? It helps to enforce the conclusion that the plaintiff had some duties. Performance or promise to perform a pre-existing duty does not constitute consideration. Negligent Hiring/Training/Supervision: Employer may be liable for negligence if it can be determined that he owed a duty of due care; that he breached that duty, and that Pedestrian suffered personal injury actually and proximately caused by Driver's negligence. f(x)={21x2+35x0for0x1otherwise. 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. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). Chapter 17 Sport Law Flashcards Quizlet Sport Law A. d. An executor is appointed by a testator to carry out the terms of his or her will. 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. Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? Medic agreed and omitted this information from the physical examination form he sent to Employer. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. The contract explicitly stated that payment would be given at the end of the year. Prevention of duress His interest in having restored to him any benefit that he has conferred on the other party. (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? A man was upset because he heard that his friend had been spreading rumors behind his back. Question 2 60 seconds Q. Life and Work 2. d. William E. Story, 2d had an expectation of damages in the amount of $5,000. Out of anger, the employee swung at the pen, intending to knock the pen out of the manager's hand. b. In most jurisdictions, lowest duty owed by landowner - not to injure intentionally In a jurisdiction that adopts the ruling and reasoning of the court in Murphy v. Steeplechase Amusement Co., the Plaintiffs will likely: Not prevail because the risk of injury was inherent with the activity willingly engaged in by the Plaintiffs. Form two teams of two partners. LAW 402A - U of A Schools University Of Arizona LAW LAW 402A LAW 402A * We aren't endorsed by this school LAW 402A - University Of Arizona School: University of Arizona ( U of A) * Documents (227) Q&A (6) Textbook Exercises LAW 402A Documents All (227) Homework Help (4) Test Prep (2) Essays (2) Notes (12) Lecture Slides (1) Showing 1 to 100 of 227 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. Plaintiff, contracted with, Defendant, to renovate his home. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence I. 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. 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? Uncle (D) agreed with his nephew (P) that if nephew would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21, uncle would pay him $5,000. their attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid. Invitation: no performance is promised in return for something requested She sued but court said there was no bargained-for consideration. Econ Chapter 4 Section 3 Elasticity Of Demand - Quizlet the total amount of money a firm receives by selling goods or services; price of goods x quantity sold. The defendant made a pond knowing there was old mineshafts. Defendant ignored the license and resold the information on the CD database. All of the backpacks was on sale at Edelmanns Sporting Goods Store. Although most states claim, at least in part, to follow the Restatement (Second), its application differs greatly throughout the courts. It states a rule of law not governed by the UCC, so limitations and exclusions in warranties will not apply to a suit based on the Restatement theory. 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. B. o Offensive contact Problem of the Day: Something of legal value given in exchange for a promise. Continue to play until your team guesses at least one word or expression from the category. Damages: Pedestrian must suffer personal injury in order to recover under negligence. Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. Suddenly, a garbage truck came around a curve from the other direction at a high speed and crossed the center lane. Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. By searching the title, publisher, or authors of guide you in fact want, you can discover them rapidly. Defendant had known for two weeks that the handle was cracked, and had complained to the manager. Employer made reasonable efforts to investigare Driver's prior job references and physical conditions. In each blank, insert the most appropriate word. Mutual mistake: a mistake as to the identity of the subject matter, where both parties think differently of the subject being bought jurisdictions have shifted from of duty of care based on classification system of trespassers to? Across a 20-foot alley Baker owns a house on Whiteacre. (Ever-Time). Rule: Common law rule for negligence Leamos/Hablemos You're taking your little brother with you to the gym. Defendant bought a CD-ROM database with a license restriction, limiting the consumer-purchaser to non-commercial use. ***". BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. EXCEPTIONS TO THE RULE Suppose now that the agreement concerns armed robbery and homicide instead. When Plaintiff arrived at the job there was another company doing the work, The general rule of law is that an offer proposed may be withdrawn before its acceptance and that no obligation is incurred thereby. A common law form of legal action available to a plaintiff who claims that a contract has been breached. a system based on a general duty of reasonable care for foreseeable risks and landowners owe a duty of reasonable care under all circumstances. Driver's negligence occurred within the scope of the employment relationship because Driver was making deliveries for Employer when the van left the road and struck the Pedestrian. He struck his head on the curb and suffered a severe concussion and facial injuries. There must be a bargained-for exchange, Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or Statutory Authority However, this argument would not succeed since Driver's negligence is foreseeable and Medic, Driver and Employer would be held jointly liable for Pedestrian's harm. Using this, Suppose that 1 dollar is worth 10 pesos. The witness signed a(n) ______ and agreed to testify in person. (T/F) A contract is a promise or set of promises which the law will enforce. The hiker came across some rugged terrain and grabber onto a rock to help pull herself up a hill. Therefore, Medic's breach of duty was the proximate cause of Pedestrian's injury. caveat emptor. Defendant tied their steamship to a dock owned by Plaintiff. The 20 th century product liability law is best characterized by the phrase: answer choices res ipsa loquitur. The driver of the snowmobile at the time of the accident was a thirteen-year-old boy. Which of the following is an example of a direct materials cost standard? Demand is unit elastic when the percentage change in quantity demanded is equal to the percentage change in price, so the price elasticity is equal to 1 in absolute value. ", "Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: \hline & \text { Price } & \text { Quantity } & \text { Price } & \text { Quantity } \\ 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) 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 Defendant representative strung him along and gave advice in how to make it happen, promised that it was set to happen and Plaintiff sold his bakery and moved in reliance on the promise. b. Problem of the Day: something of legal value and bargained-for exchange, Dr promised plaintiff who had scars on his hand 100% it would be gone. Plaintiff MacPherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant Buick, broke. But for her riding her bike at hime, he would not have jumped - her actions were the direct and proximate cause of his jumping and injury. Plaintiff ceased working after nine and a half months and did not receive any compensation from the Defendant. between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation . How to determine expectation of damages: Then, draw a line through each incorrect verb, and above it write the form that agrees with the subject. Influence LAW 402A (In Class Quizzes) Flashcards | Quizlet LAW 402A (In Class Quizzes) Term 1 / 49 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? Log in Join. Landmark case of Rowland vs. Christian eliminated the distinction between business invitee, licensee, and trespasser and found that the land occupier owes a duty to act as a "reasonable man" for purposes of rendering the occupied property safe for others. 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. Medic, the doctor who examined the driver, discovered that drive had a sleep disorder that caused driver to spontaneously fall asleep and that driver had on several occasions fallen asleep while driving. 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. Exception: Attractive Nuisance Doctrine: A special duty to children - if a man made item on the land attracts children, landowner may be liable (pools, wells, tunnels, etc), landowner has a duty to warn of known, but hidden dangerous conditions licensees are unlikely to discover for themselves A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. A runner reached first base successfully on an error and then , on the next pitch, attempted to steal second. Plaintiff was a social guest in Defendant's apartment. Q14 . a. No, because a jury could find the hospital liable for negligence based on res ipsa loquitur. (1) The injured party has a right to damages based on his expectation interest as measured by: 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.". Value 7. Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. 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Moore of his uncle Unit 4 the Respiratory system Practice Ex, law 402A Midterm ( Contracts ) Quiz..
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