law 402a quizlet02 Apr law 402a quizlet
On May 1, Owen Owner writes to Robert Roofer:"The roof on my barn was damaged in last week's storm. 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. Trial by jury. Medic agreed, and omitted this information from the physical examination form he sent to Employer. MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. Would this promise be enforceable under the language of the Hamer decision? While they were watching the game, snow fell outside, coating the sidewalk and driveway with a thin transparent layer of slippery ice. -the defendant breached the duty of care Section 402A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. Is a waiver of legal rights sufficient consideration? Question 2 60 seconds Q. 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. The defendants transferred the cases of benzene by wooden boards onto the ship. 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 In Peevyhouse, the court cited Groves v. John Wunder Co. a case, where the Minnesota court allowed a jury to give plaintiff damages in the amount of $60,000, where the real estate concerned would have been worth only $12,160, even if the work contracted for had been done. \end{aligned} Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. The neighborhood is strictly residential. Something of legal value must be given A common law form of legal action available to a plaintiff who claims that a contract has been breached. promise, reliance, actual reliance, injustice. Causation: Employer did cause the Pedestrian's injury since but for the hiring of Driver. No duty to inspect for and discover unknown dangers under traditional common law tort principles. The mental assent of the parties is not a requisite for the formation of a contract. Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) Albert was driving safely under the speed limit on River Road. \hline & \text { Price } & \text { Quantity } & \text { Price } & \text { Quantity } \\ s 402A. Thus the world is not to be identified with any particular substance, but rather with an ongoing process governed by a law of change. The man worked himself into a frenzy and approached his friend. 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. The nurse attempted to pull the wheelchair back through the doors. -law establishes a point along the damage chain after for the consequences of his/her actions Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. Every person who adulterates candy by using in its manufacture terra alba or other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor. P and D agreed that $5,000 plus interest should remain with D until P was capable of taking care of it. Should the hiker prevail in a jurisdiction which follows the traditional common law approach to duty of care applied to landowners? Anne has a right to treat the contract as broken when she receives the notice, and sue for the recovery of any profits she would have realized upon performance, and for any other losses which may have resulted to her. Rylands v Fletcher and some later cases:- Find LAW study guides, notes, and practice tests for U of A. 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. The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. ", An injured party cannot recover for losses that, with reasonable effort, he could have avoided after the promisor's breach became known. The steamship was at the Plaintiff's dock to unload cargo. What rule of contract law did the court apply to the facts in Hamer v. Sidway? The rock dislodged and landed on the hiker's ankle, pinning her down and causing injury to her leg. If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? 2. must be caused by an agency or instrumentality within the exclusive control of the defendant If the retired technician sues the demolition company, will he recover under a theory of strict liability? Which of the following statements is most accurate? If you will repair the roof by the end of the week I will pay you $2000. The explosion caused a scale to hit the plaintiff. An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. There was an injury. something of legal value and bargained-for exchange, Dr promised plaintiff who had scars on his hand 100% it would be gone. The promisor receives a legal benefit. -defendant's negligent act must be causation in fact According to Judge Easterbrook in ProCd v Zeidenberg, which of the following business practices would not constitute price discrimination? The second baseman was infuriated by the runner's action and pushed the runner to the ground when he stood up. Mutual mistake: a mistake as to the identity of the subject matter, where both parties think differently of the subject being bought Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). 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. . No, because the retired technician assumed the risk of injury. Therefore, Medic breached the duty of care. True False . A. 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. Mary was celebrating New Years Eve in a public park and unexpectedly drew a pistol from her bookbag, firing it off into the air. Expert Help. Discover the best homework help resource for LAW at University of Arizona. 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. Anne enters into a contract to build a house for Bob. Washington, DC. 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? -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. Employer hired Driver to operate a delivery van. Before the house is built, Bob decides that he does not want it, and notifies Anne to that effect. "It is sufficient that he restricted his lawful freedom of action within certain prescribed limits upon the faith of his uncle's agreement, and now having fully performed the conditions imposed, it is of no moment whether such performance actually proved a benefit to the promisor, and the court will not inquire into it.". According to the court in Hoffman v. Red Owl Stores, Inc., which of the following elements is not required in order for the doctrine of promissory estoppel to apply? Arnold owns Blackacre and lives there. 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 . 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. (Cratylus 402a = DK22A6). \end{array}\\ Harmful or Offensive Contact. Ordainarily does not occur Restatement of the Law, Corporate Governance. He was seriously injured as a result. Defendant argued there was a lack of privity. The defendants dropped the package causing an explosion. It helps to enforce the conclusion that the plaintiff had some duties. 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. Products Liability. 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. (1) Some dangerous thing must have been brought by a person on his land. Law 402A Final Term 1 / 35 Calculating Expectation Damages Click the card to flip Definition 1 / 35 oFigure out what the position of the non-breaching party would have been if the promise had not been breached o Figure out the position that the non-breacher is presently in as a result of the breach Defendants with mental disabilities; 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? 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. The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. 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. Plaintiff MacPherson sued Defendant Buick for negligence. His interest in having restored to him any benefit that he has conferred on the other party. Jitter is a term used to describe the variation in conduction time of a water power system. The catcher threw the ball to the second baseman as the runner slid into second. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; Inadequacy of consideration will not void a contract, Plaintiff was a long time book keeper and as a thank you they promised her an increase in her salary and retirement benefits of $200 per month for life. As a nurse employed by the hospital was pushing the wheelchair through a set of automatic doors at a normal pace; the doors closed on the patient's foot, injuring it. A golfer was playing his friend for $10 a hole. An executor is a person who makes a will. &{\text { Food }} & {\text { Transportation Services }} \\ Your client X is interested in purchasing Blackacre. Economic: Threats of contract breach or demands for modifications (pre-existing duty rule While fooling around throwing snowballs, one of the friends tripped on the front steps leading up to the house and injured his knee. After surgery, Plaintiff complained of neck and back pain. The hospital has moved for summary judgement. Before the friend could say anything, the man pushed him to the ground. (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. Evidence was offered showing Rob threw the stick not intending to hit Jim, but merely to frighten him. The representative claimed that he had no authority to alter the contract. A bribe is not considered a contract even if it is agreed to by both parties. 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? -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 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. (c) any cost or other loss that he has avoided by not having to perform. 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 . 1. 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. V. Act of third party. The Defendant has submitted evidence showing that each player signed a waiver of liability that included express instructions to avoid intentional head to head contact. (T/F) The normal method of enforcement of a contract is for the court to order performance of the contract by the party in default. Using this, Suppose that 1 dollar is worth 10 pesos. Further, Plaintiffs never communicated the special circumstances to Defendants, nor did Defendants know of the special circumstances, Rockingham County v. Luten Bridge Co. rule, "[A]fter an absolute repudiation or refusal to perform by one party to a contract, the other party cannot continue to perform and recover damages based on full performance. 1. $50,000 Pedestrian would not have been injured. The driver of the snowmobile at the time of the accident was a thirteen-year-old boy. In most jurisdictions, lowest duty owed by landowner - not to injure intentionally What is your opinion, based on Lefkowitz? For 2014 the accounting records show these data. 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. 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. Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. caveat emptor. -Intent: Dina may not have intended to hit Paul with her bike. The existence of a license restriction was declared by shrinkwrap packaging but the terms were inside the packaging and not on the outside. Is the cost of goods manufactured the same as the cost of goods sold? Thus, the buyer had accepted and was bound to abide by the license. This is sufficient to constitute intent. Tarasoff v. Regents of the University of California Holdings Impact. How much does the sixth employee earn per day? 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. Notes 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 tuna consumed by Dotty and Guest came from a case that was at the top of one of the stacks in the back room of Supermart, and no evidence was presented that the case had been dropped or damages by any of Supermart's employees. 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. 402a. -the defendant owed a duty of care to the plaintiff 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. o Threat Plaintiff ceased working after nine and a half months and did not receive any compensation from the Defendant. The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. 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. Several tables in the market were covered with assorted canned food on "Special sale! Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. What Heraclitus actually says is the following: On those stepping into rivers staying the same . However, because the company was in a situation where it was impossible to bring in other workers, he agreed to the change the compensation. The patient sued the hospital, alleging improper maintenance of the doors. However, this argument would not succeed since Driver's negligence is foreseeable and Medic, Driver and Employer would be held jointly liable for Pedestrian's harm. Plaintiff was diagnosed with appendicitis and was scheduled for surgery. Paul's response of diving to the side shows that he was in fact afraid of being hit. 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} Defendant refused, saying the sale was only for women, Lefkowitz v. Great Minneapolis Surplus Store rules. 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. By searching the title, publisher, or authors of guide you in fact want, you can discover them rapidly. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. We therefore conclude that the true measure of the plaintiff's damage in the present case is the difference between the value to him of a perfect hand or a good hand, such as the jury found the defendant promised him, and the value of his hand in its present condition, including any incidental consequences fairly within the contemplation of the parties when they made their contract. The golf ball landed on a rancher's land that bordered the golf course. The advertisement said "first come, first serve" . When Plaintiff arrived at the job there was another company doing the work, The general rule of law is that an offer proposed may be withdrawn before its acceptance and that no obligation is incurred thereby. Log in Join. 2. 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 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. It was later discovered that the runner had a calcium deficiency. Hot metal produced by welders using oxyacetylene torches on the respondent's timber wharf (Mort's Dock) at Sheerlegs Wharf fell on floating cotton waste which ignited the oil on the water. RULE: Common law rule for battery and character of intent. What are Anne's rights? Digital Commons at St. Mary's University | St. Mary's University Research a. The buyer must comply with the license terms. Rule 402. It will certainly ease you to look guide Eureka 402a Bagless Manual as you such as. Click the card to flip Definition 1 / 49 -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. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. . Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. [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. True False . Is Paul entitled to recover against Dina for assault? Unfortunately, 402A has proved lacking in detail and left practitioners with an abundance of ambiguities. Can Rob be held liable to Luis for battery? Click the card to flip Definition 1 / 13 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. Defendant received $2000 dollars from Batsakis and agreed to repay it with 8% interest per year when she was able. After two years he asked he to leave her comfortable house. may arise from either '(a) a special relation . There is a multitude of reasons for a miller to send a crank shaft to a third party. Influence While the cargo was being unloaded, a storm started to build. Impact on Mental Health Professionals 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. Instead hair was growing from his palm. Vincent v. Lake Erie Transportation Co. holding. The woman's parents were not at home. 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.". 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. Therefore, Employer will be held vicariously liable for the negligence of Driver. Expert Answer The law says, " (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his propert View the full answer MacPherson v Buick is a landmark case for doing what? 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. f(x)={21x2+35x0for0x1otherwise. Q14 . .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. d. An executor is appointed by a testator to carry out the terms of his or her will. And the consumer is under no obligation to give notice to the seller within a reasonable time of any injuries. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered severe injuries as a result. Does the promise give the promisor unfettered discretion to perform or not perform the promise? Pedestrian cannot establish breach of duty under Res ipsa loquitur. 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. He struck his head on the curb and suffered a severe concussion and facial injuries. Medic agreed and omitted this information from the physical examination form he sent to Employer. Conclusion: Employer did not breach its duty of care, it could not be liable for negligent hiring or supervision. (c) the contact is not otherwise privileged." Problem of the Day: Dina's actions clearly caused Paul to hit the ground. jurisdictions have shifted from of duty of care based on classification system of trespassers to? CONCLUSION: Rob will most likely not prevail in his appeal unless his is able to show he was unaware his actions would have resulted in some injury or apprehension. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. 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. Defendants with medical emergencies (heart attack/stroke); Method 3. The hiker did not know that the rock had been dumped by the property owner on unstable soil. Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. Pre-injury liability waivers most often referred to by Alabama courts as exculpatory clauses are generally disfavored in the state Alabama Personal Injury and. Employer then provided Driver with a daily delivery route and paid him a monthly salary. The number of therapists warning potential victims has doubled. Cosmology 5. In return they were to split the profits. -the actual cause of negligence Medic would argue that Driver's negligence in driving, knowing that he is susceptible to falling asleep was an intervening cause that cuts off Medic's liability for harm to Pedestrian. An equitable doctrine that prevents the withdrawal of a promise by a promisor if it will adversely affect a promisee who has adjusted his or her position in justifiable reliance on the promise. Causation: The breach of duty must be the actual and proximate cause of Pedestrian's injury. 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. (a) the loss in the value to him of the other party's performance caused by its failure or deficiency, plus c. A promise to make a gift in the future is enforceable without bargained-for consideration. . Expectation of Damages: Philadelphia, PA. May 22 - 24 Mon - Wed. 2023 Annual Meeting. CONCLUSION: on balance plaintiff Dotty has a strong claim against Canco for not ensuring the tuna cans it was selling were fit for consumption before selling them. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Psychiatrists are now more careful to inform patients at the outset of treatment regarding the limits of their confidentiality. Plaintiff arrived at Defendant's store wishing to buy the garments. A hiker was walking on a trail in the woods within the boundaries of a state park. 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 Plaintiff was thrown from the vehicle and sustained injuries. Two others earn $116.50\$116.50$116.50 a day. a system based on a general duty of reasonable care for foreseeable risks and landowners owe a duty of reasonable care under all circumstances. 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