The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? Section 402A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. A man was upset because he heard that his friend had been spreading rumors behind his back. A bribe is not considered a contract even if it is agreed to by both parties. Driver pleaded with Medic not to inform Employer of the sleep disorder. 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 the fact that Dina swerved away is not relevant to the assault which was already complete at that point. 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. 402a. their attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid. -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. 2. must be caused by an agency or instrumentality within the exclusive control of the defendant 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. (a . The promisor receives a legal benefit. Lucy, Lady Duff-Gordon Case was Decided Correctly Under Judge Cardozo's reasoning, the court ruled correctly inWood v. Lucy. Should the court grant the hospital's motion for summary judgement? Life and Work 2. Two men were getting on a train with a package with assistance from a railroad employee. Most of the people were intoxicated. 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. Digital Commons at St. Mary's University | St. Mary's University Research Thus, the buyer had accepted and was bound to abide by the license. EXCEPTIONS TO THE RULE (1) The injured party has a right to damages based on his expectation interest as measured by: (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. Using this, Suppose that 1 dollar is worth 10 pesos. The runner slid in such a way that his foot was elevated and knocked the ball out of the second baseman's mitt. C. $6,000, C. $6,000 Value 7. Using 348 of R2K, Regardless of any agreement of the parties, damages awarded for breach of an agreement to perform remedial work on property should normally be measured by the reasonable cost of performance of the work; but, when the contract provision breached is merely incidental to the main purpose in view and where the economic benefit which would result to the owner from full performance is grossly disproportionate to the cost of performance, damages should instead be limited to the diminution in value resulting to the premises because of the non-performance. (T/F) A contract is a promise or set of promises which the law will enforce. Swerving to the side at the last minute may have been her plan all along, or she may have changed her mind as she approached Paul. The woman's parents were not at home. 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. 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. Lucy would not be entitled to specific performance or damages. Before allowing driver to operate the van, employer checked driver's prior job references, required driver to undergo a physical examination by a medical doctor, and provided driver with extensive training in motor vehicle safety. Vincent v. Lake Erie Transportation Co. holding. Suppose now that the agreement concerns armed robbery and homicide instead. - Causation. When they were drinking defendant and wife signed on the back of a receipt that defendant would sell the land to plaintiff. - Although she may have caused fear or apprehension of future injury, and she made threatening gestures, her words seemingly take away the immediacy; her threat is to get Paul later; her intent is to get Paul later, not immediately. 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. How did some groups use democratic principles to resolve issues relating to their civil rights? 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. 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. (Conduction time is defined as the length of time required for the downstream current to equal 10%10 \%10% of the upstream current.) In general a waiver of any legal right at the request of another is sufficient consideration for a promise. (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if. Uncle William offers, and Willie accepts, $5,000 to abstain from these vices until age 21. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. In each blank, insert the most appropriate word. Expert Help. 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. (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. 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. The defendants chartered the ship that was owned by the plaintiffs. ucf computer science placement exam quizlet. Then, draw a line through each incorrect verb, and above it write the form that agrees with the subject. to bring a sufficient battery claim what must plaintiff do? If you will repair the roof by the end of the week I will pay you $2000. common law rule for res ipsa loquitur: True False Q11 If a seller gives a written warranty for a product to a consumer,the warranty must be designated as full or limited. laissez-faire. Should the hiker prevail in a jurisdiction which follows the traditional common law approach to duty of care applied to landowners? Res ipsa loquitur: may be used to prove breach of duty if it can be shown that the breach of duty is not the type that normally would have occurred if the driver was not negligent, the instrumentality was under the exclusive control of Driver, and that the Pedestrian did not cause his own injuries. 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. Jim ducked and the stick struck Luis in the face, breaking his glasses and causing a deep cut under Luis's eye. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered sever injuries as a result. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? . defendant refused to pay, arguing that the cotton was to be delivered by a different ship also called Peerless, which had departed Bombay in October. Answer . 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. A jury verdict was entered in favor of the boy and a new trial was ordered. helping to establish an early framework for strict products liability on a manufacturer. Defendant is a fashion designer who entered into an agreement that Plaintiff would in her employment promote her label. Defendant representative strung him along and gave advice in how to make it happen, promised that it was set to happen and Plaintiff sold his bakery and moved in reliance on the promise. An 80-year-old woman, seeing that the rock is about to hit her, jumps out of the way as the rock falls harmlessly to the ground. 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 -fairly distribute benefits to victims and costs to wrongdoers 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. An implied warranty of merchantability was invalid a train with a package with assistance from a employee! 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