-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 Lucy would not be entitled to specific performance or damages. Studies demonstrate that Tarasoff did not have disastrous results on patients-psychiatrist confidentiality as originally predicted. Click the Download Historical Performance link (free registration is required for access to this part of the website). Therapists have a greater awareness of the violent patient's potential for acting out and use closer scrutiny and better documentation when treating their patients. Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) IV. Pedestrian v. Employer - Vicarious liability - 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. 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. Who should prevail? Philadelphia, PA. Mar 30 Thu Advisers MCG. Plaintiff ceased working after nine and a half months and did not receive any compensation from the Defendant. 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. A golfer was playing his friend for $10 a hole. And to determine liability courts use factors such as foreseeability of the visitor's presence, risk of injury, benefits of the condition, and the burdens to safeguard the condition. Your client X is interested in purchasing Blackacre. The plaintiff is suing defendant for negligence. The management of Weigel Inc. asks your help in determining the comparative effects of the FIFO and LIFO inventory cost flow methods. Paul has sued Dina, alleging tortious causes of action. 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. 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. Problem of the Day: Dina's actions clearly caused Paul to hit the ground. It helps to enforce the conclusion that the plaintiff had some duties. An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. The woman, because the boy intended to hit the delivery man. Paul's response to Dina clearly caused his injury: a severe concussion and facial injuries. As there were other vehicles immediately behind and in front of the garbage truck. Albert is liable for damages to Betty's rosebushes. BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. 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. 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. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. -unauthorized and harmful or offensive physical contact with another person. ASSAULT: assault is the intentional causing of an apprehension of immediate harmful or offensive touching. (A) Advises the Government official responsible for the employee 's appointment (or other Government official to whom authority to issue such a waiver for the employee has been delegated) about the nature and circumstances of the particular matter or matters; and 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. 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. 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. Explain. The facts aren't clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. 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. 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. MexicoUnitedFoodPrice5pesos$1TransportationServicesQuantity4001,000Price20pesos$2Quantity2002,000States. (2) Figure out the position that the non-breacher is presently in as a result of the breach; 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. 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. 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. In 1997, ALI scrapped its previous work in favor of the Restatement of the Law Third of Torts: Products The friend fell on a rusty nail and later died of a blood infection resulting from being cut. ***". Implied Warranty Established. Later the company refused to pay the higher wages. 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. 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. ucf computer science placement exam quizlet. Paul's response of jumping to the side was foreseeable, as was the possibility that he would hit something or fall down when he did so. (c) any cost or other loss that he has avoided by not having to perform. (Ever-Time). c. A promise to make a gift in the future is enforceable without bargained-for consideration. Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman. 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. By searching the title, publisher, or authors of guide you in fact want, you can discover them rapidly. The second baseman was infuriated by the runner's action and pushed the runner to the ground when he stood up. One of the boards fell and caused a fire. d. William E. Story, 2d had an expectation of damages in the amount of $5,000. The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. D died without paying P the $5,000 plus interest. There must be agreement on essential factors necessary to establish a contract between the parties. Plaintiff and his wife fell back on the moving belt trying to get on the Flopper ride. This action caused the doors to close more tightly on the patient's foot, injuring it further. Simply put: Consideration denotes the receipt by the promisor of "something of value" from the promisee. Plaintiff wanted to buy the land. Jitter is a term used to describe the variation in conduction time of a water power system. -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. The defendants transferred the cases of benzene by wooden boards onto the ship. On May 1, Owen Owner writes to Robert Roofer:"The roof on my barn was damaged in last week's storm. 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. Which of the following statements is most accurate? The golf ball landed on a rancher's land that bordered the golf course. The contract explicitly stated that payment would be given at the end of the year. I. How much does the sixth employee earn per day? A woman invited six friends to her parents' house to watch a football game. f(x)={21x2+35x0for0x1otherwise. The explosion caused a scale to hit the plaintiff. A hiker was walking on a trail in the woods within the boundaries of a state park. 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. 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. No, because the retired technician assumed the risk of injury. A title search of the property reveals the following transactions: Transaction 1: O to Larry Lender a 30. 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 following exceptions to the rule have been recognized by 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? There was no privity of contract between the Henningsens and Chrysler. Plaintiff, contracted with, Defendant, to renovate his home. Defendant received $2000 dollars from Batsakis and agreed to repay it with 8% interest per year when she was able. 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 Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in Hamer v. Sidway? Mary was celebrating New Years Eve in a public park and unexpectedly drew a pistol from her bookbag, firing it off into the air. There is no consideration for the contract modification. 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. b. 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. .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. In the case of an applicable retirement plan which includes a qualified Roth contribution program, this paragraph shall apply to a distribution from such plan other than from a designated Roth account which is contributed in a qualified rollover contribution (within the meaning of section 408A(e)) to the designated Roth account maintained under such plan for the benefit of the individual to . -law establishes a point along the damage chain after for the consequences of his/her actions 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.". Employer then provided Driver with a daily delivery route and paid him a monthly salary. Compute Mexicos consumption per capita in dollars. Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Both are suing the Defendant University of Arizona Intramural Sports Program for negligence. Defendant argued there was a lack of privity. 1. Peevyhouse v. Garland Coal & Mining Co. Rule. may arise from either '(a) a special relation . Conclusion: Since there is a duty, breach of duty, causation and damages, Medic will be liable for negligence. Form two teams of two partners. She sued but court said there was no bargained-for consideration. The hospital has moved for summary judgement. He's into everything and you have to keep him in line so he doesn't get hurt. Causation: Employer did cause the Pedestrian's injury since but for the hiring of Driver. Although Dina swerved away from Paul at the last moment, Paul reacted by diving to one side. The nurse attempted to pull the wheelchair back through the doors. Act of God 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. In the house, workplace, or perhaps in your method can be all best place within net connections. This argument would not succeed since Medic knew that Employer's Driver was required to make deliveries as part of the jobs. Method 3. Yes, because although the broken arm may have been unforeseeable, some harm from being pushed to the ground was a foreseeable type of injury. Plaintiff was diagnosed with appendicitis and was scheduled for surgery. Plaintiff was injured in the fall. Click the HFRI Indexes tab, and then look for the link to All Hedge Indexes. They must inspect and repair. The Hamilton County Court of Common Pleas (Ohio) dismissed his complaint. Three steps: 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 . His interest in having restored to him any benefit that he has conferred on the other party. 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 friend's wife sued the man for damages resulting from the friend's death. -the "but for" test, -a negligent party is not necessarily liable for all damages set in motion by his/her negligent act promise, reliance, actual reliance, injustice. 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. 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. LAW 402 ACLS - University Of Arizona School: University of Arizona ( U of A) * Documents (126) Q&A (2) Textbook Exercises ACLS Documents All (126) Homework Help (27) Essays (6) Notes (5) Test Prep (1) Showing 1 to 100 of 126 Sort by: Most Popular 43 pages Main Notes.docx 19 pages Consolidated Notes.docx 8 pages RULES.docx 1 pages Sniadach v. Thus, the buyer had accepted and was bound to abide by the license. Is a waiver of legal rights sufficient consideration? 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. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? Plaintiff contracted to work for one year for the Defendant where he would be paid $125.00 at the end of employment for services rendered. This is sufficient consideration for a promise. After two years he asked he to leave her comfortable house. Notes Defendant tied their steamship to a dock owned by Plaintiff. Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. Defendants had no way of knowing that their breach would cause a longer shutdown of the mill, resulting in lost profits. The advertisement said "first come, first serve" . 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. (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. at a price of $50 a barrel, payment and delivery in 90 days. 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. Out of anger, the employee swung at the pen, intending to knock the pen out of the manager's hand. (T/F) A contract a legally binding agreement. (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. Click the card to flip Definition 1 / 13 (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. Luis sued Rob for battery to recover for personal injuries. He brought suit. Minors. The defendants chartered the ship that was owned by the plaintiffs. Negligent Hiring/Training/Supervision: Employer may be liable for negligence if it can be determined that he owed a duty of due care; that he breached that duty, and that Pedestrian suffered personal injury actually and proximately caused by Driver's negligence. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. What is your opinion, based on Lefkowitz? Plaintiffs operated a mill, which they were forced to shut down when the crank shaft of their steam engine broke. Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. Section 402A of the Restatement (Second) of Torts included a provision that created strict liability on the part of a manufacturer. 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 Dina, aged sixteen, approached a neighbor, Paul, as he walked along the sidewalk fronting Dina's home. An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. B. Log on to www.hedgeindex.com, a site run by Credit Suisse/Tremont, which maintains the TASS Hedge Funds Database of the performance of more than 2,000 hedge funds and produces indexes of investment performance for several hedge fund classes. The plaintiff is suing the defendant to recover the damages. 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. 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. Plaintiff arrived at Defendant's store wishing to buy the garments. 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