Which of the following is an example of a direct materials cost standard? at a price of $50 a barrel, payment and delivery in 90 days. 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. -actual physical contact is unnecessary, -the threat of immediate harm or offensive contact; or -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. -defendant's negligent act must be causation in fact The second baseman was infuriated by the runner's action and pushed the runner to the ground when he stood up. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. 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. Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. Plaintiff ceased working after nine and a half months and did not receive any compensation from the Defendant. -any action that arouses reasonable apprehension of imminent harm. - Even if her intent was not to hit Paul, Dina may nonetheless have intended a harmful or offensive touching. LAW 402 ACLS - University Of Arizona School: University of Arizona ( U of A) * Documents (126) Q&A (2) Textbook Exercises ACLS Documents All (126) Homework Help (27) Essays (6) Notes (5) Test Prep (1) Showing 1 to 100 of 126 Sort by: Most Popular 43 pages Main Notes.docx 19 pages Consolidated Notes.docx 8 pages RULES.docx 1 pages Sniadach v. Process of bargaining or inducement that leads to an enforceable contract. What are Anne's rights? The hospital has moved for summary judgement. 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. What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? Uncle William offers, and Willie accepts, $5,000 to abstain from armed robbery and homicide until age 21. f(x)={21x2+35x0for0x1otherwise. The plaintiff, Hoffman, is suing the defendant Red Owl Stores Inc. for Skills Workshop 6 (1).pdf - Skills Workshop 6 Hoffman v.. School University Of Arizona Course Title LAW 402A Uploaded By MateEnergyKomodoDragon32 Pages 1 Plaintiffs took the shaft to Defendants the next day before noon. The woman, because the boy intended to hit the delivery man. $0.00 Rather here since it was shown that the promisor could reasonably expect the promises to induce action, the promise did induce the action and injustice could only be avoided by enforcement of the promise. 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? 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. \end{array}\\ Employer hired Driver to operate a delivery van. The manager was gesturing at the employee with his left hand in which he was holding a pen. Instead hair was growing from his palm. 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 Driver pleaded with Medic not to inform Employer of the sleep disorder. battery? Employer then provided Driver with a daily delivery route and paid him a monthly salary. The woman's parents were not at home. \end{aligned} 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. Subscribe to Codify by AAPC and get the code details in a flash. 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. ""I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." A golfer was playing his friend for $10 a hole. . (c) any cost or other loss that he has avoided by not having to perform. At half-time, all seven people went outside to play in the snow. 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? 2. SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER. Later the company refused to pay the higher wages. Plaintiff was injured in the fall. Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. If a sentence is correct, write C at the end. Should the court grant the hospital's motion for summary judgement? I. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. In most jurisdictions, lowest duty owed by landowner - not to injure intentionally 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. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. GreenBeam Ltd. claims that its compact fluorescent bulbs average no more than 3.50mg3.50 \mathrm{mg}3.50mg of mercury. The technician wanted to see the demolition of a famous office building. The hiker did not know that the rock had been dumped by the property owner on unstable soil. Rylands v Fletcher and some later cases:- 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. Click the card to flip Definition 1 / 49 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. Anne enters into a contract to build a house for Bob. -law establishes a point along the damage chain after for the consequences of his/her actions 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. Strict liability was first promulgated in the Restatement (Second)of Torts in section 402A. 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. Conclusion: Employer did not breach its duty of care, it could not be liable for negligent hiring or supervision. MacPherson v Buick is a landmark case for doing what? ", An injured party cannot recover for losses that, with reasonable effort, he could have avoided after the promisor's breach became known. Because he had overseen the demolition of many buildings of similar size and construction, the technician knew that debris rarely if ever escaped the blast zone and furthermore, the company would be taking extra care not to permit debris to pollute the river. Study Resources. -the defendant's negligent act caused the plaintiff's injury. 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. The customer inspected the package, tried out the software, learned of the license and did not reject the goods, which the customer could if the license was unsatisfactory. Question 2 1 / 1 pts The theory of caveat emptor governed the consumer law from the early eighteenth century until the early twentieth century. 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. There must be agreement on essential factors necessary to establish a contract between the parties. It helps to enforce the conclusion that the plaintiff had some duties. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. Plaintiff bought a Plymouth from a dealership for a present of his wife on Mother's Day. (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. And if so, what is the proper calculation on damages in this matter? Q14 . Problem of the Day: 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. Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. A demurrer is an objection that an opponent's point is not timely made. The 20 th century product liability law is best characterized by the phrase: answer choices res ipsa loquitur. There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: b. Impact on Mental Health Professionals LAW 402A final Flashcards | Quizlet LAW 402A final Term 1 / 51 Hawkins v McGee-Take-away and Rule Click the card to flip Definition 1 / 51 -Expectation Damages: Helps avoid litigation and encourage parties to go through with deal because there are legal consequences if they don't Income taxes are 30%. -the actual cause of negligence 25% off." The woman had a duty to warn her friends of any known dangerous condition on the premises. 2. the defendant breached the duty of care In Exercises 111 through 141414, determine whether the given function is a probability density function. Psychiatrists are now more careful to inform patients at the outset of treatment regarding the limits of their confidentiality. -unauthorized and harmful or offensive physical contact with another person. B. Damages: Pedestrian must suffer personal injury in order to recover under negligence. [Most commonly, a "legal benefit" involves tangible payment (e.g., money, property) or performance of an act (providing services)], Test for Bargained-For Exchange (Consideration Element). 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 Chapter 17 Sport Law Flashcards Quizlet Sport Law A. Verdict for the plaintiff. -the "but for" test, -a negligent party is not necessarily liable for all damages set in motion by his/her negligent act Dina's actions clearly caused Paul to hit the ground. Plaintiff, contracted with, Defendant, to renovate his home. Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. In each blank, insert the most appropriate word. 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. Click the Download Historical Performance link (free registration is required for access to this part of the website). How would you expect a court to analyze this promise? 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. b. II. (Cratylus 402a = DK22A6). (a) Write the hypotheses for a right-tailed test, using GreenBeams's claim as the null hypothesis about the mean. After the cargo had been unloaded, the storm became so violent that navigation was practically suspended. A system is considered to have low throughput jitter if the true conduction time standard deviation is less than 7 nanoseconds. Medic? Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. He brought suit. Log in Join. 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. Expert Help. When asked, "How long will the boy be in the hospital?" A common law form of legal action available to a plaintiff who claims that a contract has been breached. The golfer is not liable for trespass to land for hitting the ball on to the rancher's land but is liable for retrieving his ball. 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. Jim ducked and the stick struck Luis in the face, breaking his glasses and causing a deep cut under Luis's eye. 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"? BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. The mental assent of the parties is not a requisite for the formation of a contract. Plaintiff MacPherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant Buick, broke. The defendant made a pond knowing there was old mineshafts. Is the man liable for the death of his friend? Trial by jury. Which of the following is an express or implied promise about the nature of the product sold? Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman. Causation: The breach of duty must be the actual and proximate cause of Pedestrian's injury. to bring a sufficient battery claim what must plaintiff do? 2. 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. 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. Promissory estoppel could be invoked when necessary to avoid injustice. 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. 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. Which of the following statements is correct? Employer hired Driver to operate a delivery van. Held to the same standard of children their age . Does the prototype system satisfy this requirement? A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. Restatement of the Law, Corporate Governance. 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. Invitation: no performance is promised in return for something requested By searching the title, publisher, or authors of guide you in fact want, you can discover them rapidly. d. An executor is appointed by a testator to carry out the terms of his or her will. 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 -direct consequences test Notes The facts aren't clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. Plaintiff MacPherson sued Defendant Buick for negligence. The formulation of strict liability stated by Section 402A of the Restatement of Torts, Second lays down that: the failure to warn a potential user of possible hazards cannot make a product defective, whether dangerous or even unavoidably safe. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. 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. A jury verdict was entered in favor of the boy and a new trial was ordered. Duty: The employer has a duty to make reasonable investigation of the employees it hires for the protection of others against unreasonable rick of harm. After surgery, Plaintiff complained of neck and back pain. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. What is your opinion, based on Lefkowitz? Offer: considered an offer under certain circumstances, particularly when the actions needed to accept the offer are clear. An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. Plaintiff was diagnosed with appendicitis and was scheduled for surgery. Albert's only option was to turn to the right, onto Betty's front yard, damaging her prize rosebushes worth several thousand dollars. unitary elastic. P and D agreed that $5,000 plus interest should remain with D until P was capable of taking care of it. jurisdictions have shifted from of duty of care based on classification system of trespassers to? [2] It gave birth to such an enormous body of case law that an entirely new Restatement of Torts, Third: Products Liability was published in 1997 to supersede Section 402A and related sections. Pre-injury liability waivers most often referred to by Alabama courts as exculpatory clauses are generally disfavored in the state Alabama Personal Injury and. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." 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. Economic: Threats of contract breach or demands for modifications (pre-existing duty rule There was an injury. 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. LAW 402A Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details] Facts: The plaintiff suffered injuries while driving a snowmobile and sued the defendant. Exception: if child engages in adult action or inherently dangerous actions, duty of care, breach, plaintiff suffered injury/damages, defendant's action caused it. 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. 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. The plaintiff is suing the defendant to recover the damages. 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. 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 A man was upset because he heard that his friend had been spreading rumors behind his back. \text { United } & \$ 1 & 1,000 & \$ 2 & 2,000 The driver of the snowmobile at the time of the accident was a thirteen-year-old boy. 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 Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. Defendant signaled for a tug to tow the steamship from the dock but no tug was available because of the storm. 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 (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. But the company's chairman died and the successor stopped the payments. -deter conduct that is unreasonably risky or dangerous Employer made reasonable efforts to investigare Driver's prior job references and physical conditions. 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? Digital Commons at St. Mary's University | St. Mary's University Research 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. Defendants with medical emergencies (heart attack/stroke); Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. This action caused the doors to close more tightly on the patient's foot, injuring it further. If the retired technician sues the demolition company, will he recover under a theory of strict liability? 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. Two others earn $116.50\$116.50$116.50 a day. Jim, Luis, and Sid were playing on the roof of Rob's shed on Rob's property. Defendant received $2000 dollars from Batsakis and agreed to repay it with 8% interest per year when she was able. A. Before the friend could say anything, the man pushed him to the ground. True False Q13 It was later discovered that the runner had a calcium deficiency. laissez-faire. &\begin{array}{lcccc} The plaintiff visited the defendant's amusement park. 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. Value 7. 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. The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. Across a 20-foot alley Baker owns a house on Whiteacre. Units purchased consisted of 35,000 units at$4.21 on March 20; 65,000 units at $4.60 on July 24; and 5,000 units at$4.83 on December 12. between the actor and the other which gives to the other a right of protection'". Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? In general a waiver of any legal right at the request of another is sufficient consideration for a promise. From the fall, plaintiff received a fractured knee cap and sued the defendant for negligence. 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? Therapists have a greater awareness of the violent patient's potential for acting out and use closer scrutiny and better documentation when treating their patients. 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