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. True False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases. There must be a bargained-for exchange, Test for Legal Value (Consideration Element), The promisee suffers a legal detriment; or 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 Low throughput jitter is critical to successful waterline technology. The American Common Law System I is one of two courses which conveys what is distinctive about the common law approach as a legal methodology and as a reflection and commentary on the history and politics of the American experience, from the early colonial period to the 21st century world of globalized commerce, human rights concerns and Uncle William offers, and Willie accepts, $5,000 to abstain from these vices until age 21. 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. (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. Plaintiff Dotty can assert res ipsa loquitur, claiming the instrumentality of the illness was within the Defendant's exclusive control and the illness was caused by the negligence of someone who worked for the Defendant. 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. Who should prevail? 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 . II. Uncle William offers, and Willie accepts, $5,000 to abstain from armed robbery and homicide until age 21. while the breach by Defendants was the actual cause of the lost profits of Plaintiffs, it cannot be said that under ordinary circumstances such loss arises naturally from this type of breach. No duty to inspect for and discover unknown dangers under traditional common law tort principles. The plaintiff should be awarded damages to put him in a position that he would have been in if the contract had been performed in full. . Paul has sued Dina, alleging tortious causes of action. The steamship was at the Plaintiff's dock to unload cargo. 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. Defendants with medical emergencies (heart attack/stroke); True False . An executor is a person who makes a will. -the defendant's negligent act caused the plaintiff's injury. The nurse attempted to pull the wheelchair back through the doors. &\begin{array}{lcccc} Then, draw a line through each incorrect verb, and above it write the form that agrees with the subject. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." The manager was gesturing at the employee with his left hand in which he was holding a pen. Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in Hamer v. Sidway? The friend's wife sued the man for damages resulting from the friend's death. He maintained that, due to his small size and lack of dexterity, he could not get the chair under Plaintiff in time to keep her from falling. Plaintiff contracted to work for one year for the Defendant where he would be paid $125.00 at the end of employment for services rendered. Following all local. For 2014 the accounting records show these data. Medic? Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. 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. His condition worsened, eventually resulting in paralysis. The Defendant Buick Motor Company is a manufacturer of automobiles, selling cars through a retail dealer. 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 While fooling around throwing snowballs, one of the friends tripped on the front steps leading up to the house and injured his knee. As there were other vehicles immediately behind and in front of the garbage truck. No voluntary action/contribution. 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. A manager and employee were having an animated argument. 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? between the actor and the other which gives to the other a right of protection'". True False . Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. What rule of contract law did the court apply to the facts in Hamer v. Sidway? Intervening Cause. RULE: Common law rule for battery and character of intent. $0.00 Does the prototype system satisfy this requirement? Is the man liable for the death of his friend? The runner slid in such a way that his foot was elevated and knocked the ball out of the second baseman's mitt. But the company's chairman died and the successor stopped the payments. 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. The UCC permits parties to structure their relations so that the buyer has a chance to make final decision after a detailed review. Value 7. 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. How much does the sixth employee earn per day? 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. 5th element to defenses of negligence, The fact that the actor realizes or should realize that action on his part is necessary for another's aid or protection does not of itself impose upon him a duty to take such action. Restatement of the Law, Corporate Governance. How much can Seller, injured party, recover? Promissory estoppel could be invoked when necessary to avoid injustice. The explosion caused a scale to hit the plaintiff. In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. Therefore, Medic breached the duty of care. LAW 402A Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details] Facts: The plaintiff suffered injuries while driving a snowmobile and sued the defendant. 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. Demotsis in fact only received 500,000 drachmae valued at approximately U.S. $25. (T/F) A contract a legally binding agreement. How would you expect a court to analyze this promise? The mental assent of the parties is not a requisite for the formation of a contract. Albert is liable for damages to Betty's rosebushes. The nurse attempted to pull the wheelchair back through the doors. 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. They must inspect and repair. Plaintiff and his wife fell back on the moving belt trying to get on the Flopper ride. True False Q13 ", An injured party cannot recover for losses that, with reasonable effort, he could have avoided after the promisor's breach became known. Which of the following findings was least important in the court's deciding in favor of the Henningsens in Henningsen v. Bloomfield Motors, Inc.? I. Chapter 1516171 BUSINESS 5 Flashcards Quizlet. Strict liability was first promulgated in the Restatement (Second)of Torts in section 402A. Contracts unsupported by consideration are generally not enforceable. School University Of Arizona Course Title LAW 402A Uploaded By MateEnergyKomodoDragon32 Pages 2 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? MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. Pedestrian cannot establish breach of duty under Res ipsa loquitur. According to Judge Easterbrook in ProCd v Zeidenberg, which of the following business practices would not constitute price discrimination? However, she did not warn Plaintiff. If you will repair the roof by the end of the week I will pay you $2000. 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. Problem of the Day: Pedestrian v. Driver Guessing the top three winners (in order) from a group of eight finalists in a soccer tournament. 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. In other words, do they have a contract? 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 III. Expectation of Damages: \hline \text { Mexico } & 5 \text { pesos } & 400 & 20 \text { pesos } & 200 \\ The plaintiff is suing defendant for negligence. unitary elastic. (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. 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. 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. Therefore, there was an actual causation. Method 3. Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. 402A (b) (2) (A) establishes separate accounts ("designated Roth accounts") for the designated Roth contributions of each employee and any earnings properly allocable to the contributions, and I.R.C. 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.". Don't need to apply Ybarra rule. 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. His interest in having restored to him any benefit that he has conferred on the other party. \text { United } & \$ 1 & 1,000 & \$ 2 & 2,000 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? The buyer must comply with the license terms. Therefore, Employer will be held vicariously liable for the negligence of Driver. How to determine expectation of damages: 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} What are Anne's rights? ASSAULT: assault is the intentional causing of an apprehension of immediate harmful or offensive touching. The technician wanted to see the demolition of a famous office building. "(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. Suppose now that the agreement concerns armed robbery and homicide instead. A. Influence Should the hiker prevail in a jurisdiction which follows the traditional common law approach to duty of care applied to landowners? The world itself consists of a law-like interchange of elements, symbolized by fire. 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. Plaintiffs' servant told Defendants' clerk that the mill was shut down and the shaft must be sent immediately. 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. Income taxes are 30%. -the actual cause of negligence V. Act of third party. This action caused the doors to close more tightly on the patient's foot, injuring it further. 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 plaintiff visited the defendant's amusement park. 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. Defendant refused, saying the sale was only for women, Lefkowitz v. Great Minneapolis Surplus Store rules. Valuable consideration may consist either in some right, interest, profit, or benefit accruing to one of the parties or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other party. 25% off." While they were watching the game, snow fell outside, coating the sidewalk and driveway with a thin transparent layer of slippery ice. o Offensive contact The Plaintiff in such a case does not have to prove any type of negligence on the part of the Defendant; he or she is prima facie answerable (strictly/absolutely liable) for all the damage which is the natural consequence of the ultra-hazardous activity conducted on his or her land that results in injury to a neighboring landowner. Which of the following is an express or implied promise about the nature of the product sold? The office assistant, because the employee intended to touch the pen. Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. Notes Process of bargaining or inducement that leads to an enforceable contract. The six employees in the security department of a company average $120\$120$120 gross pay a day. Plaintiff was diagnosed with appendicitis and was scheduled for surgery. Instead hair was growing from his palm. EXCEPTIONS TO THE RULE Exclusive control Justia Free Databases of US Laws, Codes & Statutes. But in determining the intention of the parties, the promise has a value. (c) any cost or other loss that he has avoided by not having to perform. Defendant bought a CD-ROM database with a license restriction, limiting the consumer-purchaser to non-commercial use. 2. 1. A golfer was playing his friend for $10 a hole. 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. helping to establish an early framework for strict products liability on a manufacturer. Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. By virtue of a contract William E. Story became indebted to his nephew William E. Story, 2d, on his twenty-first birthday in the sum of $5,000. If you point to download and install the Eureka 402a Bagless Explain. A woman invited six friends to her parents' house to watch a football game. Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: (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. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff's injuries. Was a valid contract formed by the doctor saying that "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand"? answer choices Warranty Caveat Advertisement License Question 3 Rule: Common law rule for negligence when the product contains an ingredient that could cause toxic effects in a substantial number of . Proximate causation: Medic would assert that the consequence of Driver injuring Pedestrian was not the type of risk that makes their breach of duty a foreseeable type of harm. places bts visited in chicago; judge carmen mullen political party; tdecu mobile deposit limit. (c) the contact is not otherwise privileged." -actual physical contact is unnecessary, -the threat of immediate harm or offensive contact; or (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; d. William E. Story, 2d had an expectation of damages in the amount of $5,000. a. $50,000 Which of the following statements is correct? The steering wheel spun in her hands. (2) Figure out the position that the non-breacher is presently in as a result of the breach; Defendant had made numerous promises but not enough that would establish a contract to establish a store that Plaintiff would run. \hline & \text { Price } & \text { Quantity } & \text { Price } & \text { Quantity } \\ Lucy would not be entitled to specific performance or damages. 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. Paul's response of diving to the side shows that he was in fact afraid of being hit. defendant entered into a contract to buy 125 bales of cotton from (plaintiff), to arrive from Bombay on the ship Peerless. B. Something of legal value must be given 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. (a) the loss in the value to him of the other party's performance caused by its failure or deficiency, plus The hiker filed and action against the property owner to recover for her injuries. The defendant continued building the pond despite the mineshafts and caused damage to the Plaintiff's mine. Q14 . 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. Bargain theory of consideration Log in Join. 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? It's an invitation because no performance is promised in return for something requested. Simply put: Consideration denotes the receipt by the promisor of "something of value" from the promisee. -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 preemption defense rests on a federal supremacy premise-the notion that federal law overrides state law when the two conflict or when state law stands in the way of the objectives underlying federal law. The catcher threw the ball to the second baseman as the runner slid into second. At half-time, all seven people went outside to play in the snow. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." In general a waiver of any legal right at the request of another is sufficient consideration for a promise. Albert was driving safely under the speed limit on River Road. Question 2 60 seconds Q. New York state law makes it illegal to commit armed robbery or homicide. Plaintiffs took the shaft to Defendants the next day before noon. Duty to invitees: Landowners have a duty to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover. 1. The defendants dropped the package causing an explosion. (b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. A common law form of legal action available to a plaintiff who claims that a contract has been breached. The contract explicitly stated that payment would be given at the end of the year. the fact that Dina swerved away is not relevant to the assault which was already complete at that point. \end{array}\\ Both became ill and medical testimony established that the illness was caused by the tuna's being unfit for consumption. Employer then provided Driver with a daily delivery route and paid him a monthly salary. Defendant ignored the license and resold the information on the CD database. Defendant signaled for a tug to tow the steamship from the dock but no tug was available because of the storm. may arise from either '(a) a special relation . 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. 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.) Would this promise be enforceable under the language of the Hamer decision? This is sufficient consideration for a promise. Click the card to flip Definition 1 / 13 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. The defendant made a pond knowing there was old mineshafts. In return they were to split the profits. A buyer accepts, under 2-206 when after an opportunity to inspect the goods, he fails to make an effective rejection. 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. Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. Bales of cotton from Bombay, on a ship with the same name as another ship. Conclusion: There was a duty, breach of duty, and damages. One of the boards fell and caused a fire. 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. And if so, what is the proper calculation on damages in this matter? (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? -actual physical contact is unnecessary. 402a. f(x)={21x2+35x0for0x1otherwise. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. ""I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." 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