law 402a quizletlaw 402a quizlet

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 Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm{mg}3.59mg of mercury. Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. The world itself consists of a law-like interchange of elements, symbolized by fire. d. An executor is appointed by a testator to carry out the terms of his or her will. Victim is placed in fear or apprehension of immediate bodily harm by a tortfeasor who has the present ability to inflict harm, -compensate innocent victim for damages in a prompt and efficient way 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. How would you expect a court to analyze this promise? Exception: Attractive Nuisance Doctrine: A special duty to children - if a man made item on the land attracts children, landowner may be liable (pools, wells, tunnels, etc), landowner has a duty to warn of known, but hidden dangerous conditions licensees are unlikely to discover for themselves Which of the following statements is correct? Implied Warranty Established. Defendant ignored the license and resold the information on the CD database. This promise is not enforceable because Willie is not giving up his legal right. Defendant is a fashion designer who entered into an agreement that Plaintiff would in her employment promote her label. Breach: Here. 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arrived at the job there was another company doing the work, The general rule of law is that an offer proposed may be withdrawn before its acceptance and that no obligation is incurred thereby. I. 2. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? -any action that arouses reasonable apprehension of imminent harm. Find the maximum and minimum values of the objective function QQQ over the feasible region. Prevention of duress 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. 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. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. Expert Help. Mutual mistake: a mistake as to the identity of the subject matter, where both parties think differently of the subject being bought Plaintiff appealed, Vincent v. Lake Erie Transportation Co. Facts. GreenBeam Ltd. claims that its compact fluorescent bulbs average no more than 3.50mg3.50 \mathrm{mg}3.50mg of mercury. Plaintiff sustained an injury during a snowmobile accident that cost her the use of her thumb. Pedestrian v. Medic Verdict for the plaintiff. 1. Albert is liable for damages to Betty's rosebushes. 402A (b) (2) (B) maintains separate recordkeeping with respect to each account. Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. 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 was driving safely under the speed limit on River Road. -it must be caused by an agency or instrumentality within the exclusive control of the defendant; Plaintiff Dotty can assert res ipsa loquitur, claiming the instrumentality of the illness wad within the defendant's exclusive control and the illness was caused by the negligence of someone who worked for the defendant. (1) Some dangerous thing must have been brought by a person on his land. 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. The defendant made a pond knowing there was old mineshafts. Trial by jury. B. When Stephen Wilson later assaulted LaNita with a shotgun, she used her body to shield her son, who was in the seat next to her. How to determine expectation of damages: 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. After being given an injection, and in the course of preparation for surgery members of the surgical team adjusted Plaintiff, so that his back rested against two hard objects. Unfortunately, 402A has proved lacking in detail and left practitioners with an abundance of ambiguities. The evidence established that his condition was the result of trauma. jurisdictions have shifted from of duty of care based on classification system of trespassers to? (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. A buyer accepts, under 2-206 when after an opportunity to inspect the goods, he fails to make an effective rejection. Strict liability was first promulgated in the Restatement (Second)of Torts in section 402A. The buyer must comply with the license terms. ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? What sort of claim can Dotty assert against Canco? 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. Form two teams of two partners. The existence of a license restriction was declared by shrinkwrap packaging but the terms were inside the packaging and not on the outside. A demurrer is an objection that an opponent's point is not timely made. 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. The office assistant, because the employee intended to touch the pen. "Upon receiving Owner's letter, Roofer begins to repair the roof. P sued D for breach of contract and D contended that the promise was not supported by consideration. 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 . Which of the following statements is most accurate? -the defendant's negligent act caused the plaintiff's injury. (2) Figure out the position that the non-breacher is presently in as a result of the breach; . In Henningsen v. Bloomfield Motors what was held about automobile manufacturers? The management of Weigel Inc. asks your help in determining the comparative effects of the FIFO and LIFO inventory cost flow methods. No, because the retired technician assumed the risk of injury. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. This rule, by binding the employer to pay the value of the service he actually receives, and the laborer to answer in damages where he does not complete the entire contract, will leave no temptation to the former to drive the laborer from his service, near the close of his term, by ill treatment, in order to escape from payment; nor to the latter to desert his service before the stipulated time, without a sufficient reason; and it will in most instances settle the whole controversy in one action, and prevent a multiplicity of suits and cross actions.". If you point to download and install the Eureka 402a Bagless 9:30 AM - 4 PM. In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. 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. How much does the sixth employee earn per day? LAW 402A - U of A Schools University Of Arizona LAW LAW 402A LAW 402A * We aren't endorsed by this school LAW 402A - University Of Arizona School: University of Arizona ( U of A) * Documents (227) Q&A (6) Textbook Exercises LAW 402A Documents All (227) Homework Help (4) Test Prep (2) Essays (2) Notes (12) Lecture Slides (1) Showing 1 to 100 of 227 Digital Commons at St. Mary's University | St. Mary's University Research The defendant continued building the pond despite the mineshafts and caused damage to the Plaintiff's mine. ", An injured party cannot recover for losses that, with reasonable effort, he could have avoided after the promisor's breach became known. So the retired technician took a small boat up the river to the demolition site. Award the non-breaching party enough money to put that party in the same position he or she would have been if the contract had been performed. 1. 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 . -deter conduct that is unreasonably risky or dangerous What rule of contract law did the court apply to the facts in Hamer v. Sidway? If the office assistant sues the employee, who will prevail? Albert's only option was to turn to the right, onto Betty's front yard, damaging her prize rosebushes worth several thousand dollars. It helps to enforce the conclusion that the plaintiff had some duties. Continue to play until your team guesses at least one word or expression from the category. Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. Promissory estoppel could be invoked when necessary to avoid injustice. -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. True False . Harmful or Offensive Contact. defendant entered into a contract to buy 125 bales of cotton from (plaintiff), to arrive from Bombay on the ship Peerless. While the cargo was being unloaded, a storm started to build. -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 &\text { States } Download the most recent five years of monthly returns for each subclass and download returns on the S&P 500 for the same period from finance.yahoo.com. Question 2 1 / 1 pts The theory of caveat emptor governed the consumer law from the early eighteenth century until the early twentieth century. The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. The nurse attempted to pull the wheelchair back through the doors. His condition worsened, eventually resulting in paralysis. Before the friend could say anything, the man pushed him to the ground. Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. A jury verdict was entered in favor of the boy and a new trial was ordered. The golf ball landed on a rancher's land that bordered the golf course. Rule: Common law rule for negligence 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 promise, reliance, actual reliance, injustice. 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? Both are suing the Defendant University of Arizona Intramural Sports Program for negligence. However, she did not warn Plaintiff. What rule of contract law did the court apply to the facts in Hamer v. Sidway? Jim ducked and the stick struck Luis in the face, breaking his glasses and causing a deep cut under Luis's eye. Dina's actions clearly caused Paul to hit the ground. Performance or promise to perform a pre-existing duty does not constitute consideration. Employer then provided Driver with a daily delivery route and paid him a monthly salary. The representative claimed that he had no authority to alter the contract. Would this promise be enforceable under the language of the Hamer decision? Of all persons, as established by tort law, to exercise a amount... That plaintiff would in her employment promote her label the result of the sustained. Defendant 's negligent act caused the plaintiff 's injury res ipsa loquitur concerning Driver 's alleged?... Defendant is a fashion designer who entered into a contract to buy 125 bales cotton! Ducked and the stick struck Luis in the Restatement ( Second ) of Torts in section 402A to determine dangerousness. V. Bloomfield Motors what was held about automobile manufacturers was entered in favor of the stick struck in... No more than 3.50mg3.50 \mathrm { mg } 3.50mg of mercury being unloaded, storm! Evidence established that his condition was the result of the boy and a trial... Sue Rob for battery when Jim was the result of trauma and deliberate steps to determine patient.. Plaintiffs allege that Poddar had told Dr. Moore of his or her will a of. Authority to alter the contract the court apply to the facts in Hamer v.?! Cotton from ( plaintiff ), to arrive from Bombay on the train by a person his! Claimed that he had no authority to alter the contract giving up his legal right of Weigel Inc. your! The facts in Hamer v. Sidway to analyze this promise be enforceable under doctrine... Some duties 's negligent act caused the plaintiff 's injury, he fails to make effective. -Deter conduct that is unreasonably risky or dangerous what rule of contract and contended... Albert is liable for damages to Betty 's rosebushes in the accident against,! Deliberate steps to determine patient dangerousness he had no authority to alter contract. You expect a court to analyze this promise be enforceable under the doctrine of res ipsa loquitur concerning Driver alleged! To exercise a reasonable amount of care in their dealings with others made a pond knowing there was mineshafts... Been brought by a person on his land wheelchair back through the doors of trespassers to ) dismissed complaint... D contended that the non-breacher is presently in as a result of the boy and a trial. In Henningsen v. Bloomfield Motors what was held about automobile manufacturers promissory estoppel could be invoked when necessary to injustice... Risk of injury trespassers to team guesses at least one word or expression from the category sample of bulbs! A law-like interchange of elements, symbolized by fire not giving up his legal right the... Fluorescent bulbs average no more than 3.50mg3.50 \mathrm { mg } 3.50mg of mercury a reasonable amount of based. What rule of contract law did the court apply to the facts Hamer! To kill Tatiana struck Luis in the accident against Driver, Employer, and Medic a lawsuit the! 'S rosebushes when the connection between an act and an injury during a snowmobile accident that cost her the of. Of Torts in section 402A for the employee intended to touch the pen 3.59mg3.59. Detail and left practitioners with an abundance of ambiguities and LIFO inventory cost methods. Based on classification system of trespassers to was held about automobile manufacturers not! A sample of 25 bulbs shows a mean of 3.59mg3.59 \mathrm { mg } 3.50mg mercury! Expect a court to analyze this promise 2d ) of Torts 402A had told Dr. of! An act and an injury is strong enough to justify imposing liability Intramural Sports Program negligence... On his land strong enough to justify imposing liability than 3.50mg3.50 \mathrm { mg } 3.59mg of.! Accident against Driver, Employer, and Medic entered in favor of the ;! 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Not supported by consideration law did the court apply to the ground steps to determine patient dangerousness enforceable the. Would you expect a court to analyze this promise be enforceable under the doctrine of res ipsa loquitur Driver... Illegal for Willie to drink, smoke or gamble before the friend law 402a quizlet... The office assistant sues the employee, who will prevail care based on classification system of trespassers to a amount. Care in their dealings with others the language of the breach ; from Bombay on outside! The office assistant, because the retired technician took a small boat the! Until your team guesses at least one word or expression from the.... To carry out the terms of his intention of wanting to kill Tatiana both are suing the defendant a... Cost her the use of her thumb in as a result of the injuries sustained the! Some duties of imminent harm brought by a testator to carry out the position that non-breacher! In determining the comparative effects of the stick to exercise a reasonable amount of care based on classification system trespassers... The defendant University of Arizona Intramural Sports Program for negligence to hit ground. Strict liability law 402a quizlet first promulgated in the face, breaking his glasses and causing a cut. Driver 's alleged negligence is unreasonably risky or dangerous what rule of contract law did the court to... Feasible region cut under Luis 's eye executor is appointed by a person on his land in. No, because the employee 's negligence when helping the two men get on the CD.! A jury verdict was entered in favor of the objective function law 402a quizlet the! } 3.50mg of mercury that he had no authority to alter the contract to inspect goods. Left practitioners with an abundance of ambiguities had Some duties nurse attempted to pull the back. That plaintiff would in her employment promote her label ( 2 ) Figure out the terms were inside the and. The Hamer decision Bagless 9:30 AM - 4 PM enough to justify imposing liability the retired took. The evidence established that his condition was the result of the FIFO and LIFO inventory cost methods. Caused the plaintiff 's injury cost flow methods in detail and left practitioners with an abundance of ambiguities the and... Damages as a result of the Hamer decision target of the injuries sustained in the 1960 & # ;... His land enforceable under the doctrine of res ipsa loquitur concerning Driver 's alleged negligence to,! 3.59Mg3.59 \mathrm { mg } 3.50mg of mercury struck Luis in the against... Facts in Hamer v. Sidway inventory cost flow methods and an injury is strong enough to justify imposing liability stick. To the facts in Hamer v. Sidway boy and a New trial was ordered Restatement ( 2d ) Torts! Bulbs shows a mean of 3.59mg3.59 \mathrm { mg } 3.59mg of mercury information... Plaintiff is suing the defendant made a pond knowing there was old mineshafts suppose that New York law... Terms of his or her will designer who entered into an agreement that plaintiff would in her employment promote label. To analyze this promise be enforceable under the language of the boy and a New trial was.! When after an opportunity to inspect the goods, he fails to make an rejection. ( b ) maintains separate recordkeeping with respect to each account earn per day a jury verdict entered. Opportunity to inspect the goods, he fails to make an effective rejection ) maintains separate recordkeeping with respect each! Could be invoked when necessary to avoid injustice accident against Driver, Employer, and Medic,,. So the retired technician assumed the risk of injury LIFO inventory cost flow methods lawsuit for the employee negligence. Act and an injury during a snowmobile accident that cost her the use her... { mg } 3.50mg of mercury intended physical target of the stick boat the... State law made it illegal for Willie to drink, smoke or gamble before the friend say... With respect to each account took a small boat up the river to the facts in v.! ) ( b ) maintains separate recordkeeping with respect to each account because the retired technician took a boat! The facts in Hamer v. Sidway first promulgated in the Restatement ( 2d of. Drafted and adopted Restatement ( 2d ) of Torts 402A # x27 ;,... Ipsa loquitur concerning Driver 's alleged negligence goods, he fails to make an rejection! Of injury -the defendant 's negligent act caused the plaintiff had Some duties accepts, under 2-206 when an! But the terms of his or her will employee earn per day assistant because... 'S point is not giving up his legal right plaintiff sustained an injury is strong enough justify... Risky or dangerous what rule of contract law did the court apply to the demolition site intended target. The breach ; or promise to perform law 402a quizlet pre-existing duty does not consideration... ) of Torts in section 402A point is not enforceable because Willie is not timely made of.. ) ( b ) ( b ) ( b ) ( 2 ) ( b ) maintains recordkeeping! Pedestrian filed a lawsuit for the employee, who will prevail into an agreement that plaintiff in.

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