- Even if her intent was not to hit Paul, Dina may nonetheless have intended a harmful or offensive touching. Continue to play until your team guesses at least one word or expression from the category. The Defendant Buick Motor Company is a manufacturer of automobiles, selling cars through a retail dealer. 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. Luis sued Rob for battery to recover for personal injuries. Both are suing the Defendant University of Arizona Intramural Sports Program for negligence. The contract explicitly stated that payment would be given at the end of the year. 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? He brought suit. Log in Join. Rule 402. Contract to strip mine, with promise to restore land to original condition, would cost about 29K and D doesn't do it. . Would this promise be enforceable under the language of the Hamer decision? Demotsis in fact only received 500,000 drachmae valued at approximately U.S. $25. 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.? If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party. o Offensive contact Breach: Here. Defendant placed an endorsement without Plaintiff's knowledge and withheld profits from him. Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. 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 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 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? Consent of the claimant Jim, Luis, and Sid were playing on the roof of Rob's shed on Rob's property. Discover the best homework help resource for LAW at University of Arizona. Economic: Threats of contract breach or demands for modifications (pre-existing duty rule D died without paying P the $5,000 plus interest. Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. Trial by jury. After surgery, Plaintiff complained of neck and back pain. A demurrer is an objection that an opponent's point is not timely made. Dotty was shopping in Supermart. 1. Low throughput jitter is critical to successful waterline technology. This promise is not enforceable because Willie is not giving up his legal right. What are Anne's rights? 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. 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. Explain. Peevyhouse v. Garland Coal & Mining Co. Rule. (T/F) A contract is an agreement that creates rights and obligations that may be enforced in the courts. His condition worsened, eventually resulting in paralysis. The promisor receives a legal benefit. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. Three steps: when the product contains an ingredient that could cause toxic effects in a substantial number of . II. a system based on a general duty of reasonable care for foreseeable risks and landowners owe a duty of reasonable care under all circumstances. If the plaintiff has assumed such a risk, they cannot recover damages for any harm resulting from the defendant's conduct, even if the defendant was negligent or reckless 9:30 AM - 4 PM. 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. Facilitation of fair bargaining, One party must commit a wrongful act and the wrongful act must preclude the other party from exercising his/her free will, Traditional: Threats of physical harm, violence, or false imprisonment precluding a party from exercising his/her free will Albert is liable for damages to Betty's rosebushes. Causation: The breach of duty must be the actual and proximate cause of Pedestrian's injury. The defendants chartered the ship that was owned by the plaintiffs. The UCC permits parties to structure their relations so that the buyer has a chance to make final decision after a detailed review. 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. Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? -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. 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. 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 \end{array}\\ \end{aligned} How much can Seller, injured party, recover? Defendant ignored the license and resold the information on the CD database. The following exceptions to the rule have been recognized by Conclusion: There was a duty, breach of duty, and 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. The nurse attempted to pull the wheelchair back through the doors. The surface of the road changed as the hiker crossed from the park onto private property but there were no warning signs at the boundary. The woman had a duty to warn her friends of any known dangerous condition on the premises. \hline & \text { Price } & \text { Quantity } & \text { Price } & \text { Quantity } \\ An executor is a person who makes a will. 2. Implied Warranty Established. Plaintiffs operated a mill, which they were forced to shut down when the crank shaft of their steam engine broke. Exception: if child engages in adult action or inherently dangerous actions, duty of care, breach, plaintiff suffered injury/damages, defendant's action caused it. Which of the following statements is most accurate in a jurisdiction that follows the traditional common law approach to duty of care applied to landowners? Plaintiff was diagnosed with appendicitis and was scheduled for surgery. In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. A buyer accepts, under 2-206 when after an opportunity to inspect the goods, he fails to make an effective rejection. Swerving to the side at the last minute may have been her plan all along, or she may have changed her mind as she approached Paul. The defendants dropped the package causing an explosion. Problem of the Day: The explosion caused a scale to hit the plaintiff. at a price of $50 a barrel, payment, and delivery in 90 days. However, she did not warn Plaintiff. A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. c. A promise to make a gift in the future is enforceable without bargained-for consideration. Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. In general, a waiver of any legal right at the request of another party is sufficient consideration for a promise. (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 .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. Plaintiffs' servant told Defendants' clerk that the mill was shut down and the shaft must be sent immediately. If the retired technician sues the demolition company, will he recover under a theory of strict liability? The driver of the snowmobile at the time of the accident was a thirteen-year-old boy. In other words, do they have a contract? 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. A jury verdict was entered in favor of the boy and a new trial was ordered. View all upcoming meetings and events. Therefore, Medic breached the duty of care. Minors. An 8-year-old boy throws a rock intended to hit the newspaper delivery man as he rides by on his bicycle. P and D agreed that $5,000 plus interest should remain with D until P was capable of taking care of it. SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER. Find the maximum and minimum values of the objective function QQQ over the feasible region. (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? Justia Free Databases of US Laws, Codes & Statutes. Defendant tied their steamship to a dock owned by Plaintiff. V. Act of third party. C. $6,000, C. $6,000 The neighborhood is strictly residential. 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. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? 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. Act of God Knowledge 6. 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 b. Plaintiff was a social guest in Defendant's apartment. 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. True False . -unauthorized and harmful or offensive physical contact with another person. Paul has sued Dina, alleging tortious causes of action. There is no consideration for the contract modification. Yes, even if he had no desire to kill the friend. The buyer must comply with the license terms. Offer: considered an offer under certain circumstances, particularly when the actions needed to accept the offer are clear. LAW 402A/502A 316 Documents; 20 Q&As; LAW 402A 230 Documents; 7 Q&As; LAW 502B 210 Documents; 4 Q&As; LAW 502A 151 Documents; 3 Q&As; Find your course . All of the backpacks was on sale at Edelmanns Sporting Goods Store. (c) any cost or other loss that he has avoided by not having to perform. The technician veered very close to the blast zone, closer than a non-employee would have been allowed, and when the building was demolished, a large chunk of cement struck him in the forehead. This is sufficient consideration for a promise. 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. After the cargo had been unloaded, the storm became so violent that navigation was practically suspended. 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). The nephew gave up his legal rights at the request of his uncle. 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. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. Plaintiff asked to use the bathroom and was injured when a cracked handle of the cold-water faucet on the basin broke and severed tendons and nerves on his right hand. jurisdictions have shifted from of duty of care based on classification system of trespassers to? In one another c ) any cost or other loss that he has avoided not. Make final decision after a detailed review luis sued Rob for battery recover. Not giving up his legal right to play until law 402a quizlet team guesses at one... Homework help resource for LAW at University of Arizona Intramural Sports Program for negligence $ 6,000 the neighborhood strictly... 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