Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. Defendant signaled for a tug to tow the steamship from the dock but no tug was available because of the storm. (Conduction time is defined as the length of time required for the downstream current to equal 10%10 \%10% of the upstream current.) 402a. Therefore, a servant of Plaintiffs went to the office of Defendants, common carriers, to have the crank shaft taken to Joyce. Instead hair was growing from his palm. Both became ill and medical testimony established that the illness was caused by the tuna's being unfit for consumption. Process of bargaining or inducement that leads to an enforceable contract. The plaintiff is suing the defendant to recover the damages. Unequal bargaining power, Unfair contract terms, No reasonable alternative, (Court Case) Therefore, there was an actual causation. The facts aren't clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. - Causation. Therefore, Medic's breach of duty was the proximate cause of Pedestrian's injury. The defendants transferred the cases of benzene by wooden boards onto the ship. \hline \text { Mexico } & 5 \text { pesos } & 400 & 20 \text { pesos } & 200 \\ Out of anger, the employee swung at the pen, intending to knock the pen out of the manager's hand. Can Rob be held liable to Luis for battery? -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. After surgery, Plaintiff complained of neck and back pain. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. What rule of contract law did the court apply to the facts in Hamer v. Sidway? Although most states claim, at least in part, to follow the Restatement (Second), its application differs greatly throughout the courts. This is sufficient consideration for a promise. 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. laissez-faire. On the second hole, the golfer hit an errant shot that bounced off a sprinkler head on the golf course. The nurse attempted to pull the wheelchair back through the doors. Thus, the buyer had accepted and was bound to abide by the license. Defendant bought a CD-ROM database with a license restriction, limiting the consumer-purchaser to non-commercial use. -the defendant's negligent act caused the plaintiff's injury. His promise to pay the defendant one-half of the profits and revenues resulting from the exclusive agency and to render accounts monthly, was a promise to use reasonable efforts to bring profits and revenues into existence. Three steps: Using this, Suppose that 1 dollar is worth 10 pesos. Form two teams of two partners. The hiker did not know that the rock had been dumped by the property owner on unstable soil. An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. There must be agreement on essential factors necessary to establish a contract between the parties. Expectation of Damages: 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. Although he was spared physical injury, the son averred in his complaint against the psychologists that he suffered extreme emotional harm as a result of the event. Arnold owns Blackacre and lives there. One of the boards fell and caused a fire. 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. The office assistant, because the employee intended to touch the pen. Plaintiff must prove that Defendant would know with certainty the plaintiff would attempt to sit down in the same spot where the chair had been. Defendants with mental disabilities; 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 (3) It must be a non-natural use of land. (2) Figure out the position that the non-breacher is presently in as a result of the breach; Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling. Does the promise give the promisor unfettered discretion to perform or not perform the promise? (a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and This rule is only a particular application of the general rule of damages that a plaintiff cannot hold a defendant liable for damages which need not have been incurred; or, as it is often stated, the plaintiff must, so far as he can without loss to himself, mitigate the damages caused by the defendant's wrongful act. (1) Some dangerous thing must have been brought by a person on his land. Unfortunately, 402A has proved lacking in detail and left practitioners with an abundance of ambiguities. Rob ordered the boys to get down and threw a stick at Jim, who was closest to him. No, because the property owner owed no duty to the hiker. 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. 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? No, because the retired technician assumed the risk of injury. Chapter 1516171 BUSINESS 5 Flashcards Quizlet. Consideration is a necessary element for the existence of a contract. when the product contains an ingredient that could cause toxic effects in a substantial number of . a system based on a general duty of reasonable care for foreseeable risks and landowners owe a duty of reasonable care under all circumstances. 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. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. GreenBeam Ltd. claims that its compact fluorescent bulbs average no more than 3.50mg3.50 \mathrm{mg}3.50mg of mercury. (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. When nephew became 21 he wrote a letter to uncle stating that nephew had performed his part of the agreement and had earned the $5,000. Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. 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. In return they were to split the profits. Rule 402. Pedestrian suffered severe injuries. 402A (b) (2) (B) maintains separate recordkeeping with respect to each account. Q14 . The man worked himself into a frenzy and approached his friend. Dina's actions clearly caused Paul to hit the ground. Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? $50,000 The defendants chartered the ship that was owned by the plaintiffs. 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. The 20 th century product liability law is best characterized by the phrase: answer choices res ipsa loquitur. I.R.C. A common law form of legal action available to a plaintiff who claims that a contract has been breached. -direct consequences test The trial court entered judgement for Luis and Rob appealed on the grounds that he did not have the intent to hit Luis and was therefore not liable for battery. The steamship was at the Plaintiff's dock to unload cargo. to bring a sufficient battery claim what must plaintiff do? If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? 3. must not have been due to any voluntary action or contribution on the part of the plaintiff. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. C. $6,000, C. $6,000 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 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. Conclusion: Since there is a duty, breach of duty, causation and damages, Medic will be liable for negligence. A jury verdict was entered in favor of the boy and a new trial was ordered. Which of the following findings was least important in the court's deciding in favor of the Henningsens in Henningsen v. Bloomfield Motors, Inc.? It was later discovered that the runner had a calcium deficiency. Demand is unit elastic when the percentage change in quantity demanded is equal to the percentage change in price, so the price elasticity is equal to 1 in absolute value. Simply put: Consideration denotes the receipt by the promisor of "something of value" from the promisee. The golf ball landed on a rancher's land that bordered the golf course. . Defendants with a particular expertise or competence are measured against a reasonable professional standard; [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). An executor is a person who makes a will. o Threat The plaintiff was present when these words were alleged to have been spoken, and, if they are to be taken at their face value, it seems obvious that proof of their utterance would establish the giving of a warranty in accordance with his contention." 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. Knowledge 6. Bales of cotton from Bombay, on a ship with the same name as another ship. Vincent v. Lake Erie Transportation Co. holding. Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. The rock dislodged and landed on the hiker's ankle, pinning her down and causing injury to her leg. ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? caveat emptor. The plaintiff visited the defendant's amusement park. at a price of $50 a barrel, payment, and delivery in 90 days. "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.". Suppose now that the agreement concerns armed robbery and homicide instead. 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 In general a waiver of any legal right at the request of another is sufficient consideration for a promise. (T/F) A contract a legally binding agreement. The buyer must comply with the license terms. Problem of the Day: (3) Figure how much he or she needs to get from the present position to the position he or she would have been in if the contract had been performed. (T/F) A contract is an agreement that creates rights and obligations that may be enforced in the courts. 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? -deter conduct that is unreasonably risky or dangerous If a party to the contract has a reasonable belief that the other party has the requisite intent to enter into the agreement when he does not, the contract is still enforceable. - If, however, by her words and actions, she intended to cause an apprehension of present injury, Dina's actions in her first approach are sufficient to constitute assault. a. Plaintiff MacPherson sued Defendant Buick for negligence. This argument would not succeed since Medic knew that Employer's Driver was required to make deliveries as part of the jobs. Click the card to flip Definition 1 / 49 .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. ", "Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. Defendants had no way of knowing that their breach would cause a longer shutdown of the mill, resulting in lost profits. Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. Verdict for the plaintiff. -the defendant owed a duty of care to the plaintiff 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. 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. He was seriously injured as a result. Plaintiff ceased working after nine and a half months and did not receive any compensation from the Defendant. His condition worsened, eventually resulting in paralysis. d. An executor is appointed by a testator to carry out the terms of his or her will. Notes Income taxes are 30%. Chapter 17 Sport Law Flashcards Quizlet Sport Law A. Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. 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. Judge Cardozo focused on the implied intent of the contract terms rather than the terms in the contract. \text { United } & \$ 1 & 1,000 & \$ 2 & 2,000 A woman invited six friends to her parents' house to watch a football game. 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. (c) any cost or other loss that he has avoided by not having to perform. Low throughput jitter is critical to successful waterline technology. The Defendant's steamship remained tied to Plaintiff's dock. Lucy would not be entitled to specific performance or damages. Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. Who should prevail? (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. By virtue of a contract William E. Story became indebted to his nephew William E. Story, 2d, on his twenty-first birthday in the sum of $5,000. Driver pleaded with Medic not to inform Employer of the sleep disorder. Landmark case of Rowland vs. Christian eliminated the distinction between business invitee, licensee, and trespasser and found that the land occupier owes a duty to act as a "reasonable man" for purposes of rendering the occupied property safe for others. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. 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. their attempt to use an express warranty that disclaimed an implied warranty of merchantability was invalid. He brought suit. 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. Luis sued Rob for battery to recover for personal injuries. 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. Section 402A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. Under this section, a manufacturer is liable for product defects that occur during the manufacturing process, notwithstanding the level of care employed by the manufacturer. The nephew gave up his legal rights at the request of his uncle. 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. 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. (c) the contact is not otherwise privileged." 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. 2. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." If the steamship had been untied, it would have drifted to sea. Defendant placed an endorsement without Plaintiff's knowledge and withheld profits from him. (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. c. A promise to make a gift in the future is enforceable without bargained-for consideration. MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. Employer then provided Driver with a daily delivery route and paid him a monthly salary. True False Q13 Albert is liable for damages to Betty's rosebushes. The representative claimed that he had no authority to alter the contract. Mutual mistake: a mistake as to the identity of the subject matter, where both parties think differently of the subject being bought The woman had a duty to warn her friends of any known dangerous condition on the premises. (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. They must inspect and repair. In groups of four, play hangman (le pendu). 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. 1. Defendant refused, saying the sale was only for women, Lefkowitz v. Great Minneapolis Surplus Store rules. 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. Which of the following is an express or implied promise about the nature of the product sold? Leamos/Hablemos You're taking your little brother with you to the gym. 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? Promissory estoppel could be invoked when necessary to avoid injustice. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." 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. 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. A golfer was playing his friend for $10 a hole. 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. The number of therapists warning potential victims has doubled. Life and Work 2. Employer made reasonable efforts to investigare Driver's prior job references and physical conditions. Restatement of the Law, Corporate Governance. Breach: Here. Medic? &{\text { Food }} & {\text { Transportation Services }} \\ b. Defendant had to pay the amounts lost by the plaintiff due to his reliance on their unkept promises. 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. 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. -the event must be of a kind which ordinarily does not occur in the absence of someone's negligence; medical testimony established the tuna was unfit for consumption. On May 1, Owen Owner writes to Robert Roofer:"The roof on my barn was damaged in last week's storm. at a price of $50 a barrel, payment and delivery in 90 days. \hline & \text { Price } & \text { Quantity } & \text { Price } & \text { Quantity } \\ Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. No duty to inspect for and discover unknown dangers under traditional common law tort principles. This action caused the doors to close more tightly on the patient's foot, injuring it further. When asked, "How long will the boy be in the hospital?" In general a waiver of any legal right at the request of another is sufficient consideration for a promise. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. The hiker came across some rugged terrain and grabber onto a rock to help pull herself up a hill. The exact interpretation of these doctrines is controversial, as is the inference often drawn from this theory that in the world as Heraclitus conceives it contradictory propositions must be true. BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. -any action that arouses reasonable apprehension of imminent harm. An 8-year-old boy throws a rock intended to hit the newspaper delivery man as he rides by on his bicycle. 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. (Cratylus 402a = DK22A6). (2) If the breach caused no loss or if the amount of the loss is not proved under the rules stated in this Chapter, a small sum fixed without regard to the amount of the loss will be awarded as nominal damages. Plaintiff appealed, Vincent v. Lake Erie Transportation Co. Facts. Sailors agreed to work in Alaska for a set sum. Does the prototype system satisfy this requirement? -actual physical contact is unnecessary. There is a multitude of reasons for a miller to send a crank shaft to a third party. While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered sever injuries as a result. What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? -the plaintiff suffered injury/damages The advertisement said "first come, first serve" . In most jurisdictions, lowest duty owed by landowner - not to injure intentionally Continue to play until your team guesses at least one word or expression from the category. Plaintiff MacPherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant Buick, broke. 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