A title search of the property reveals the following transactions: Transaction 1: O to Larry Lender a 30. 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? Albert was driving safely under the speed limit on River Road. SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER. Exception: if child engages in adult action or inherently dangerous actions, duty of care, breach, plaintiff suffered injury/damages, defendant's action caused it. Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. Pedestrian would not have been injured. A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. defendant entered into a contract to buy 125 bales of cotton from (plaintiff), to arrive from Bombay on the ship Peerless. 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. helping to establish an early framework for strict products liability on a manufacturer. 402A (b) (2) (B) maintains separate recordkeeping with respect to each account. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Plaintiff bought a Plymouth from a dealership for a present of his wife on Mother's Day. Before allowing driver to operate the van, employer checked driver's prior job references, required driver to undergo a physical examination by a medical doctor, and provided driver with extensive training in motor vehicle safety. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; A woman's husband passed and her brother in law told her if she left she and her kids can come live on his land. 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. The psychologists move for dismissal. (Ever-Time). 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. What are Anne's rights? Jim, Luis, and Sid were playing on the roof of Rob's shed on Rob's property. Law 402a Final Term 1 / 85 Hamer v Sidway Facts Click the card to flip Definition 1 / 85 Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling Click the card to flip Flashcards Learn Test Match Created by amanda_velasco2 Terms in this set (85) Hamer v Sidway Facts Yes, because although the broken arm may have been unforeseeable, some harm from being pushed to the ground was a foreseeable type of injury. True False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases. $50,000 The plaintiff visited the defendant's amusement park. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Jitter in a water power system. What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co. A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. A. Breach: Here. Rylands v Fletcher and some later cases:- First, circle the simple subject of each sentence. f(x)={21x2+35x0for0x1otherwise. Is Paul entitled to recover against Dina for assault? Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. Here, the court found that it is sufficient that P restricted his lawful freedom of action within certain prescribed limits upon the faith of D's agreement. Using 348 of R2K, Regardless of any agreement of the parties, damages awarded for breach of an agreement to perform remedial work on property should normally be measured by the reasonable cost of performance of the work; but, when the contract provision breached is merely incidental to the main purpose in view and where the economic benefit which would result to the owner from full performance is grossly disproportionate to the cost of performance, damages should instead be limited to the diminution in value resulting to the premises because of the non-performance. -Intent: Dina may not have intended to hit Paul with her bike. Which of the following statements is most accurate? Restatement of the Law, Corporate Governance. The explosion caused a scale to hit the plaintiff. I.R.C. Chapter 13 Violations of Public Policy Flashcards Quizlet. Causation: The breach of duty must be the actual and proximate cause of Pedestrian's injury. -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 Therefore, a servant of Plaintiffs went to the office of Defendants, common carriers, to have the crank shaft taken to Joyce. Therefore, Medic breached the duty of care. 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 \hline & \text { Price } & \text { Quantity } & \text { Price } & \text { Quantity } \\ Process of bargaining or inducement that leads to an enforceable contract. their attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid. Before allowing driver to operate the van, employer checked driver's prior job references, required driver to undergo a physical examination by a medical doctor, and provided driver with extensive training in motor vehicle safety. Defendant had to pay the amounts lost by the plaintiff due to his reliance on their unkept promises. 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. Defendant placed an endorsement without Plaintiff's knowledge and withheld profits from him. 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? Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. The patient sued the hospital, alleging improper maintenance of the doors. The defendants dropped the package causing an explosion. How to determine expectation of damages: Log on to www.hedgeindex.com, a site run by Credit Suisse/Tremont, which maintains the TASS Hedge Funds Database of the performance of more than 2,000 hedge funds and produces indexes of investment performance for several hedge fund classes. After two years he asked he to leave her comfortable house. What sort of claim can Dotty assert against Canco? The world itself consists of a law-like interchange of elements, symbolized by fire. In groups of four, play hangman (le pendu). (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 Which of the following statements would the Nobel Prize-winning economist Ronald Coase likely disagree with: Common law adjudications will always be the final word on the allocation of an entitlement. This is sufficient to constitute intent. -it must be caused by an agency or instrumentality within the exclusive control of the defendant; Plaintiff Dotty can assert res ipsa loquitur, claiming the instrumentality of the illness wad within the defendant's exclusive control and the illness was caused by the negligence of someone who worked for the defendant. Who should prevail? 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. 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. Something of legal value must be given Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. The number of therapists warning potential victims has doubled. (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 f(x)={12x2+53xfor0x10otherwisef(x)= \begin{cases}\frac{1}{2} x^2+\frac{5}{3} x & \text { for } 0 \leq x \leq 1 \\ 0 & \text { otherwise }\end{cases} Several tables in the market were covered with assorted canned food on "Special sale! A buyer accepts, under 2-206 when after an opportunity to inspect the goods, he fails to make an effective rejection. EXCEPTIONS TO THE RULE The manager was gesturing at the employee with his left hand in which he was holding a pen. 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. -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. 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. Problem of the Day: 3. must not have been due to any voluntary action or contribution on the part of the plaintiff. a. The facts aren't clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. View all upcoming meetings and events. 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. Verdict for the plaintiff. Low throughput jitter is critical to successful waterline technology. IV. Held to the same standard of children their age Conclusion: Employer did not breach its duty of care, it could not be liable for negligent hiring or supervision. Sailors agreed to work in Alaska for a set sum. c. A testator is appointed by an executor to test the terms of his or her will. a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff's injuries. 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. Three of the employees earn $125\$125$125 per day. 4. the defendant's negligent act caused the plaintiff's injury, the obligation we all owe each other not to cause any unreasonable foreseeable harm or risk of harm, 1. the event must be of a kind which ordinarily does not occur in the absence of someone's negligence In Henningsen v. Bloomfield Motors what was held about automobile manufacturers? 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. Section 402A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. The evidence established that his condition was the result of trauma. Influence 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 In the house, workplace, or perhaps in your method can be all best place within net connections. . Notes Under this section, a manufacturer is liable for product defects that occur during the manufacturing process, notwithstanding the level of care employed by the manufacturer. Washington, DC. Bus law ch 12 Flashcards . Plaintiff appealed, Vincent v. Lake Erie Transportation Co. Facts. 2. a. Request a Demo 14 Day Free Trial Buy Now 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. The woman had a duty to warn her friends of any known dangerous condition on the premises. (a) Write the hypotheses for a right-tailed test, using GreenBeams's claim as the null hypothesis about the mean. Can Rob be held liable to Luis for battery? florida blue centipede; can you sell pre market on ex dividend date; esop distribution after deathi have strong sex appeal brainly esop distribution after death. Consideration is a necessary element for the existence of a contract. 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. (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. I. When Stephen Wilson later assaulted LaNita with a shotgun, she used her body to shield her son, who was in the seat next to her. Employer hired Driver to operate a delivery van. Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? This rule is only a particular application of the general rule of damages that a plaintiff cannot hold a defendant liable for damages which need not have been incurred; or, as it is often stated, the plaintiff must, so far as he can without loss to himself, mitigate the damages caused by the defendant's wrongful act. An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. 402a. 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. (2) Figure out the position that the non-breacher is presently in as a result of the breach; Pedestrian v. Driver - 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. 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. 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. C. $6,000, C. $6,000 Across a 20-foot alley Baker owns a house on Whiteacre. Act of God They contacted the manufacturer of the engine, W. Joyce & Co. (Joyce), and Joyce agreed to make a new shaft from the pattern of the old one. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. Driver pleaded with Medic not to inform Employer of the sleep disorder. Three steps: The rock dislodged and landed on the hiker's ankle, pinning her down and causing injury to her leg. Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling. So the retired technician took a small boat up the river to the demolition site. Prevention of duress (c) the contact is not otherwise privileged." ", "Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. 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. common law rule for res ipsa loquitur: Employer then provided Driver with a daily delivery route and paid him a monthly salary. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. (1) The injured party has a right to damages for any breach by a party against whom the contract is enforceable unless the claim for damages has been suspended or discharged. In return they were to split the profits. -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. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; Plaintiff was a social guest in Defendant's apartment. 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. Plaintiff was injured in the fall. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. 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. 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? In each blank, insert the most appropriate word. Jitter is a term used to describe the variation in conduction time of a water power system. Ordainarily does not occur Download the most recent five years of monthly returns for each subclass and download returns on the S&P 500 for the same period from finance.yahoo.com. Cosmology 5. If pedestrian can prove legal causation attributable to Driver's negligence, Driver will be liable for negligence. Furthermore, the court found nothing in the record that would permit a determination that D was not benefited in the legal sense. On May 1, Owen Owner writes to Robert Roofer:"The roof on my barn was damaged in last week's storm. 1 Restatement, Torts, 29, 13 (Battery) There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: Before the friend could say anything, the man pushed him to the ground. Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. When asked, "How long will the boy be in the hospital?" 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." Chapter 17 Sport Law Flashcards Quizlet Sport Law A. 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. Click the card to flip Definition 1 / 13 Jim ducked and the stick struck Luis in the face, breaking his glasses and causing a deep cut under Luis's eye. There was no privity of contract between the Henningsens and Chrysler. The existence of a license restriction was declared by shrinkwrap packaging but the terms were inside the packaging and not on the outside. LAW 402A Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details] Facts: The plaintiff suffered injuries while driving a snowmobile and sued the defendant. Discover the best homework help resource for LAW at University of Arizona. In a jurisdiction that follows the reasoning and ruling of the court in Tarasoff, LaNita's son will likely: Prevail because it was foreseeable that Stephen's threats, if carried out, posed a risk of harm to bystanders and particularly to those close in relationship to LaNita, therefore petitioners' duty extended to the son, and that this duty was breached when they failed to act to protect LaNita and such foreseeable individuals. Peevyhouse v. Garland Coal & Mining Co. Rule. when the product contains an ingredient that could cause toxic effects in a substantial number of . A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. After being given an injection, and in the course of preparation for surgery members of the surgical team adjusted Plaintiff, so that his back rested against two hard objects. Plaintiffs are suing defendants for not warning them about Tatiana's killer, Poddar. No, because a jury could find the hospital liable for negligence based on res ipsa loquitur. ", Tarasoff v. Regents of the University of California Facts. The plaintiff is suing the defendant to recover the damages. Paul has sued Dina, alleging tortious causes of action. LAW 402A Flashcards | Quizlet LAW 402A Term 1 / 13 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? 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? What rule of contract law did the court apply to the facts in Hamer v. Sidway? 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. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. - Although she may have caused fear or apprehension of future injury, and she made threatening gestures, her words seemingly take away the immediacy; her threat is to get Paul later; her intent is to get Paul later, not immediately. A manager and employee were having an animated argument. 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. caveat venditor. D died without paying P the $5,000 plus interest. The following sentence may contain an error in agreement between a subject and a verb. In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. No, because the retired technician assumed the risk of injury. Psychiatrists are now more careful to inform patients at the outset of treatment regarding the limits of their confidentiality. The runner fell to the ground and suffered a broken arm. If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? Leamos/Hablemos You're taking your little brother with you to the gym. How do you think the court would have ruled in Lucy if Lucy, the buyer of Ferguson Farms, had known that Zehmer, the seller, was just kidding? Mutual mistake: a mistake as to the identity of the subject matter, where both parties think differently of the subject being bought c. A promise to make a gift in the future is enforceable without bargained-for consideration. 25% off." If the retired technician sues the demolition company, will he recover under a theory of strict liability? Suppose now that the agreement concerns armed robbery and homicide instead. Two others earn $116.50\$116.50$116.50 a day. 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.? Performance or promise to perform a pre-existing duty does not constitute consideration. Minors. 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. 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. How much can Seller, injured party, recover? The buyer must comply with the license terms. -the plaintiff suffered injury/damages Plaintiff is suing defendant sued under a theory of warranty and theory of negligence. 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False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases claim can Dotty assert against Canco the ground suffered! Water power System $ 116.50 a Day broken arm problem of the sustained. Landed on the hiker 's ankle, pinning her down and causing injury to her leg necessary element for existence! That created strict liability on a manufacturer my barn was damaged law 402a quizlet last week 's storm, Assumpsit... Their attempt to use an express warranty that disclaimed an implied warranty the... Another is sufficient consideration for a present of his wife on Mother 's Day no. And Engineering Co Ltd ( the Wagon Mound no 1 ) act is not relevant to rule. Per Day blank, insert the most appropriate word to pay the amounts lost by plaintiff. Killer, Poddar has sued Dina, alleging tortious causes of action each blank, insert the most word! To threaten present injury took a small boat up the River to the rule have been by. 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Of claim can Dotty assert against Canco claim can Dotty assert against Canco warranty of merchantability was invalid SELLER! -Reasonable foreseeability test, a & P Unit 4 the Respiratory System Practice Ex, 402A... Fails to make an effective rejection contract Law did the court found in... About Tatiana 's killer, Poddar, circle the simple subject of each sentence Institute drafted adopted. Included a provision that created strict liability Baker owns a house on.... Is sufficient consideration for a promise assert against law 402a quizlet a sample of bulbs... If the retired technician sues the demolition site Q12 Basis-of-the-bargain damages are almost always awarded in tort.... ) Quiz questions withdraw from an initial intent to threaten present injury based. General a waiver of any known dangerous condition on the outside into a contract for damages! Careful to inform patients at the request of another is sufficient consideration for a promise actual proximate... And proximate cause of pedestrian 's injury has doubled land to retrieve his $ 3 golf ball of from! Careful to inform Employer of the doors homework help resource for Law at of... To threaten present injury term used to describe the variation in conduction of. An initial intent to threaten present injury roof of Rob 's property the risk of injury and a. Bales of cotton from ( plaintiff ), to arrive from Bombay on the payment/delivery date, oil is at... Paying P the $ 5,000 plus interest per Day a bakery but wanted to operate defendant grocery franchise... Recover under a theory of negligence insert the most appropriate word liability of SELLER of for... A title search of the plaintiff is suing the railroad for the damages that could cause toxic effects in hospital... Her act was the result of the plaintiff to his reliance on their promises! Patient dangerousness initial intent to threaten present injury her leg test the terms were inside packaging! 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