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 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 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. No, because the retired technician assumed the risk of injury. s 402A. 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. 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 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. Promissory estoppel could be invoked when necessary to avoid injustice. The surface of the road changed as the hiker crossed from the park onto private property but there were no warning signs at the boundary. The explosion caused a scale to hit the plaintiff. 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. The defendants dropped the package causing an explosion. Employer then provided Driver with a daily delivery route and paid him a monthly salary. Thus the world is not to be identified with any particular substance, but rather with an ongoing process governed by a law of change. An 8-year-old boy throws a rock intended to hit the newspaper delivery man as he rides by on his bicycle. Actual Causation: But for Medic's information in the physical examination of Driver, Employer would not have hired Driver and Driver would never have caused the injuries to Pedestrian. 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. Economic: Threats of contract breach or demands for modifications (pre-existing duty rule Employer then provided Driver with a daily delivery route and paid him a monthly salary. So the retired technician took a small boat up the river to the demolition site. 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. Which of the following best describes Albert's liability to Betty for destruction of her rosebushes in a jurisdiction which follows the rule and reasoning of the court in Vincent v. Lake Erie Transportation Co.? Chapter 1516171 BUSINESS 5 Flashcards Quizlet. o Threat Which of the following statements would the Nobel Prize-winning economist Ronald Coase likely disagree with: Common law adjudications will always be the final word on the allocation of an entitlement. II. Plaintiff arrived at Defendant's store wishing to buy the garments. After the cargo had been unloaded, the storm became so violent that navigation was practically suspended. Suppose now that the agreement concerns armed robbery and homicide instead. Medic agreed and omitted this information from the physical examination form he sent to Employer. If the retired technician sues the demolition company, will he recover under a theory of strict liability? 3. the plaintiff suffered injury/damages 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. Defendant argued there was a lack of privity. ""I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." b. He's into everything and you have to keep him in line so he doesn't get hurt. The Defendant Buick Motor Company is a manufacturer of automobiles, selling cars through a retail dealer. View all upcoming meetings and events. Lucy's self-promotion violated the terms of the contract. 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 (a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or third person, and (b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and (c) the contact is not otherwise privileged. Study Resources. f(x)={21x2+35x0for0x1otherwise. 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. -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 Notes 25% off." An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. After two years he asked he to leave her comfortable house. Rylands v Fletcher and some later cases:- Employer made reasonable efforts to investigare Driver's prior job references and physical conditions. -unauthorized and harmful or offensive physical contact with another person. Products Liability. An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. Justia Free Databases of US Laws, Codes & Statutes. Pre-injury liability waivers most often referred to by Alabama courts as exculpatory clauses are generally disfavored in the state Alabama Personal Injury and. Plaintiff ceased working after nine and a half months and did not receive any compensation from the Defendant. Which of the following statements is most accurate? 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. The friend fell on a rusty nail and later died of a blood infection resulting from being cut. 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. Pedestrian cannot establish breach of duty under Res ipsa loquitur. What sort of claim can Dotty assert against Canco? Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. (Cratylus 402a = DK22A6). Plaintiff MacPherson sued Defendant Buick for negligence. Conclusion: Since there is a duty, breach of duty, causation and damages, Medic will be liable for negligence. if he was under no duty to try to market designs or to place certificates of indorsement, his promise to account for profits or take out copyrights would be valueless. While they were watching the game, snow fell outside, coating the sidewalk and driveway with a thin transparent layer of slippery ice. Plaintiff, contracted with, Defendant, to renovate his home. A common law form of legal action available to a plaintiff who claims that a contract has been breached. The meaning of the agreement was ambiguous so it was not possible to work out what the apparent intent of the defendant was, so the objective principle did not apply and the court had to look at the actual intent. The evidence established that his condition was the result of trauma. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). This argument would not succeed since Medic knew that Employer's Driver was required to make deliveries as part of the jobs. The rock dislodged and landed on the hiker's ankle, pinning her down and causing injury to her leg. 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. 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.) 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. The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. 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? Rule 402. Problem of the Day: The following exceptions to the rule have been recognized by MacPherson v Buick is a landmark case for doing what? D died without paying P the $5,000 plus interest. Digital Commons at St. Mary's University | St. Mary's University Research Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. Driver's negligence was the proximate cause since it was foreseeable to Employer that if its employees were negligent while driving the delivery van, the company would be liable. The plaintiff visited the defendant's amusement park. Expert Help. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. unitary elastic. 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 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? 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. Performance or promise to perform a pre-existing duty does not constitute consideration. 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. Anne enters into a contract to build a house for Bob. The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. The hiker came across some rugged terrain and grabber onto a rock to help pull herself up a hill. to bring a sufficient battery claim what must plaintiff do? 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. They must inspect and repair. Medic agreed, and omitted this information from the physical examination form he sent to Employer. (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. 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. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? . 1. b. 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? A manager and employee were having an animated argument. (2) Figure out the position that the non-breacher is presently in as a result of the breach; For 2014 the accounting records show these data. -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. Paul's response of diving to the side shows that he was in fact afraid of being hit. The promisor receives a legal benefit. But in determining the intention of the parties, the promise has a value. 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 manager was gesturing at the employee with his left hand in which he was holding a pen. 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? 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. 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. . Answer . LAW 402A Flashcards | Quizlet LAW 402A Term 1 / 13 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? $0.00 Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. 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. Chapter 13 Violations of Public Policy Flashcards Quizlet. Would this promise be enforceable under the language of the Hamer decision? Lucy would not be entitled to specific performance or damages. 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. The defendants transferred the cases of benzene by wooden boards onto the ship. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. ASSAULT: assault is the intentional causing of an apprehension of immediate harmful or offensive touching. Paul has sued Dina, alleging tortious causes of action. Driver pleaded with Medic not to inform Employer of the sleep disorder. Your client X is interested in purchasing Blackacre. She sued but court said there was no bargained-for consideration. Dina, aged sixteen, approached a neighbor, Paul, as he walked along the sidewalk fronting Dina's home. Here, if it is found Driver was negligent, then Employer hired Driver to operate the van and is thus an employer within the meaning of vicarious liability. No, because the property owner owed no duty to the hiker. Jim, Luis, and Sid were playing on the roof of Rob's shed on Rob's property. Across a 20-foot alley Baker owns a house on Whiteacre. The representative claimed that he had no authority to alter the contract. -defendant's negligent act must be causation in fact Defendant had to pay the amounts lost by the plaintiff due to his reliance on their unkept promises. SPECIAL LIABILITY OF SELLER OF PRODUCT FOR PHYSICAL HARM TO USER OR CONSUMER. Several tables in the market were covered with assorted canned food on "Special sale! -the plaintiff suffered injury/damages In return they were to split the profits. Compute Mexicos consumption per capita in dollars. Defendant ignored the license and resold the information on the CD database. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. Under the Restatement (Second) of Torts, Section 402A, what are the requirements for a cause of action in strict liability in a product liability suit? Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. f(x)={12x2+53xfor0x10otherwisef(x)= \begin{cases}\frac{1}{2} x^2+\frac{5}{3} x & \text { for } 0 \leq x \leq 1 \\ 0 & \text { otherwise }\end{cases} Plaintiff was injured in the fall. True False . The plaintiff is suing defendant for negligence. 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. According to Judge Easterbrook in ProCd v Zeidenberg, which of the following business practices would not constitute price discrimination? 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 Defendants with a particular expertise or competence are measured against a reasonable professional standard; [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. Plaintiff is suing defendant sued under a theory of warranty and theory of negligence. Form two teams of two partners. -direct consequences test Pedestrian suffered severe injuries. (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? 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. c. A testator is appointed by an executor to test the terms of his or her will. ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? 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 Although most states claim, at least in part, to follow the Restatement (Second), its application differs greatly throughout the courts. (3) It must be a non-natural use of land. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? 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. 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. &\text { States } 402a. (d) Find the ppp-value. Jitter in a water power system. 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 . What is your opinion, based on Lefkowitz? Contracts unsupported by consideration are generally not enforceable. promise, reliance, actual reliance, injustice. III. Income taxes are 30%. How would you expect a court to analyze this promise? (1) Some dangerous thing must have been brought by a person on his land. 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. a. A hiker was walking on a trail in the woods within the boundaries of a state park. 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