ucf computer science placement exam quizlet. 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. 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 (1) The injured party has a right to damages for any breach by a party against whom the contract is enforceable unless the claim for damages has been suspended or discharged. Plaintiff was injured in the fall. 2. must be caused by an agency or instrumentality within the exclusive control of the defendant -reasonable foreseeability test, A&P Unit 4 The Respiratory System Practice Ex, Law 402A Midterm (Contracts) Quiz questions. (c) any cost or other loss that he has avoided by not having to perform. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. The nurse attempted to pull the wheelchair back through the doors. Medic agreed, and omitted this information from the physical examination form he sent to Employer. Take turns choosing a French word or expression you learned in this lesson for the other team to guess. 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. d. An executor is appointed by a testator to carry out the terms of his or her will. Plaintiff sustained an injury during a snowmobile accident that cost her the use of her thumb. Most of the people were intoxicated. 2. The pen flew though the air and hit an office assistant, who was walking by at the time. An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. Defendant is a fashion designer who entered into an agreement that Plaintiff would in her employment promote her label. Plaintiff asked to use the bathroom and was injured when a cracked handle of the cold-water faucet on the basin broke and severed tendons and nerves on his right hand. The man worked himself into a frenzy and approached his friend. 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. 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 Three steps: Something of legal value must be given A person without such a deficiency would not have suffered a broken arm as a result of the push by the second baseman. The feasible region is the set of points on and inside the triangle with vertices (0,0),(8,0)(0,0),(8,0)(0,0),(8,0), and (0,10)(0,10)(0,10). The 20 th century product liability law is best characterized by the phrase: answer choices res ipsa loquitur. Thus, the buyer had accepted and was bound to abide by the license. Dina, aged sixteen, approached a neighbor, Paul, as he walked along the sidewalk fronting Dina's home. Method 3. 1. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? And if so, what is the proper calculation on damages in this matter? Click the card to flip Definition 1 / 49 battery? 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? D died without paying P the $5,000 plus interest. Plaintiff is suing defendant sued under a theory of warranty and theory of negligence. Yes, because although the broken arm may have been unforeseeable, some harm from being pushed to the ground was a foreseeable type of injury. An investigation of throughput jitter in the opening switch of a prototype system (Journal of Applied Physics) yielded the following descriptive statistics on conduction time for n=18n=18n=18 trials: x=334.8\bar{x}=334.8x=334.8 nanoseconds, s=6.3s=6.3s=6.3 nanoseconds. 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 explosion caused a scale to hit the plaintiff. The runner slid in such a way that his foot was elevated and knocked the ball out of the second baseman's mitt. 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. The golf ball landed on a rancher's land that bordered the golf course. unitary elastic. Trial by jury. Therefore, there was an actual causation. If the office assistant sues the employee, who will prevail? ISSUE: Can Luis sue Rob for battery when Jim was the intended physical target of the stick? If a sentence is correct, write C at the end. -actual physical contact is unnecessary. Furthermore, the court found nothing in the record that would permit a determination that D was not benefited in the legal sense. Breach: Here. 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 defendant made a pond knowing there was old mineshafts. 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. 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. Is Paul entitled to recover against Dina for assault? Plaintiffs operated a mill, which they were forced to shut down when the crank shaft of their steam engine broke. 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. 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. A and D are both wrong because the product strict liability plaintiff must show that there was DEUNCH: a defect, the defendant wasengaged in the business of making or selling the product, the product was unreasonably dangerous to the user, there was no substantial change to the productafter it left the defendant's hands, and causation, and harm. 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. -the plaintiff suffered injury/damages The defendants transferred the cases of benzene by wooden boards onto the ship. $50,000 The patient has produced no evidence of specific conduct or neglect on the part of the hospital that would have caused the automatic doors to malfunction. Is the man liable for the death of his friend? While Driver was making deliveries for Employer, the van left the road and struck Pedestrian, who suffered sever injuries as a result. 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. (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. -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. a. -defendant's negligent act must be causation in fact In general a waiver of any legal right at the request of another is sufficient consideration for a promise. 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. 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 What rule of contract law did the court apply to the facts in Hamer v. Sidway? 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. V. Act of third party. 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. Later the company refused to pay the higher wages. Which of the following statements best describes the court's reasoning for the ruling in Garratt v. Dailey? \text { United } & \$ 1 & 1,000 & \$ 2 & 2,000 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. Plaintiff, contracted with, Defendant, to renovate his home. 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. 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 The promisor receives a legal benefit. Was a valid contract formed by the doctor saying that "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand"? Although most states claim, at least in part, to follow the Restatement (Second), its application differs greatly throughout the courts. 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. However, she did not warn Plaintiff. Two men were getting on a train with a package with assistance from a railroad employee. He was seriously injured as a result. Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. 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. Unfortunately, 402A has proved lacking in detail and left practitioners with an abundance of ambiguities. - 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. Due to Defendants' neglect, the delivery to Joyce was delayed, and Plaintiffs did not receive the new shaft for several days after they should have received it. C. $6,000, C. $6,000 Products Liability. 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. New York state law makes it illegal to commit armed robbery or homicide. 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 Defendant signaled for a tug to tow the steamship from the dock but no tug was available because of the storm. Expert Help. Suppose now that the agreement concerns armed robbery and homicide instead. 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. (b) any other loss, including incidental or consequential loss, caused by the breach, less Held to the same standard of children their age Simply put: Consideration denotes the receipt by the promisor of "something of value" from the promisee. -direct consequences test He brought suit. (a . Section 402A of the Restatement avoids the warranty booby traps. Defendant owned land. If the steamship had been untied, it would have drifted to sea. Therefore, a servant of Plaintiffs went to the office of Defendants, common carriers, to have the crank shaft taken to Joyce. The following exceptions to the rule have been recognized by 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 On May 1, Owen Owner writes to Robert Roofer:"The roof on my barn was damaged in last week's storm. Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. -fairly distribute benefits to victims and costs to wrongdoers 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. Click the HFRI Indexes tab, and then look for the link to All Hedge Indexes. In other words, do they have a contract? Exception: if child engages in adult action or inherently dangerous actions, duty of care, breach, plaintiff suffered injury/damages, defendant's action caused it. 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.) (T/F) A contract is a promise or set of promises which the law will enforce. ASSAULT: assault is the intentional causing of an apprehension of immediate harmful or offensive touching. (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? 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 -the defendant breached the duty of care 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. Rylands v Fletcher and some later cases:- b. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1). 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. 402a. Demotsis in fact only received 500,000 drachmae valued at approximately U.S. $25. Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. a. Employer then provided Driver with a daily delivery route and paid him a monthly salary. Arnold owns Blackacre and lives there. Invitation: no performance is promised in return for something requested when the product contains an ingredient that could cause toxic effects in a substantial number of . 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. Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. 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. The facts aren't clear whether some outside event may have caused her to withdraw from an initial intent to threaten present injury. The runner fell to the ground and suffered a broken arm. Pedestrian cannot establish breach of duty under Res ipsa loquitur. Study Resources. 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. P sued D for breach of contract and D contended that the promise was not supported by 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. Unequal bargaining power, Unfair contract terms, No reasonable alternative, (Court Case) True False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases. between the actor and the other which gives to the other a right of protection'". A runner reached first base successfully on an error and then , on the next pitch, attempted to steal second. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. (d) Find the ppp-value. If you point to download and install the Eureka 402a Bagless 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. Plaintiff was a social guest in Defendant's apartment. Knowledge 6. 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.". 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. What rule of contract law did the court apply to the facts in Hamer v. Sidway? In Henningsen v. Bloomfield Motors what was held about automobile manufacturers? Strict liability was first promulgated in the Restatement (Second)of Torts in section 402A. Chapter 1516171 BUSINESS 5 Flashcards Quizlet. (Cratylus 402a = DK22A6). The advertisement said "first come, first serve" . Driver pleaded with Medic not to inform Employer of the sleep disorder. In groups of four, play hangman (le pendu). Your boss, a car dealer wants to publish the following ad on the company's website:Year/Make/Model: 2007 Hando Concurrent Sedan EX V6Vin#: 1294671254404List price:$27,9952007 asking price: $25,525He asks you, his legal expert, if this ad is an offer or an invitation to make an offer. 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. (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 caveat emptor. o Offensive contact Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling. Hot metal produced by welders using oxyacetylene torches on the respondent's timber wharf (Mort's Dock) at Sheerlegs Wharf fell on floating cotton waste which ignited the oil on the water. (2) Figure out the position that the non-breacher is presently in as a result of the breach; Rob ordered the boys to get down and threw a stick at Jim, who was closest to him. Damages: Pedestrian must suffer personal injury in order to recover under negligence. Lucy would not be entitled to specific performance or damages. (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 Is the cost of goods manufactured the same as the cost of goods sold? Irrelevant evidence is not admissible. There is a contract between the plaintiff and the defendant for the defendant to give the plaintiff a good had: Albert's only option was to turn to the right, onto Betty's front yard, damaging her prize rosebushes worth several thousand dollars. Yes, even if he had no desire to kill the friend. Jim ducked and the stick struck Luis in the face, breaking his glasses and causing a deep cut under Luis's eye. Driver pleaded with Medic not to inform Employer of the sleep disorder. What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? f(x)={21x2+35x0for0x1otherwise. 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. A man was upset because he heard that his friend had been spreading rumors behind his back. something of legal value and bargained-for exchange, Dr promised plaintiff who had scars on his hand 100% it would be gone. How would you expect a court to analyze this promise? A golfer was playing his friend for $10 a hole. The neighborhood is strictly residential. -the defendant owed a duty of care to the plaintiff Lefkowitz v. Great Minneapolis Surplus Store facts, Defendant advertised the sale of three fur coats and three fur stoles for $1.00 a piece. The existence of a license restriction was declared by shrinkwrap packaging but the terms were inside the packaging and not on the outside. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; (c) the contact is not otherwise privileged." There is a multitude of reasons for a miller to send a crank shaft to a third party. For 2014 the accounting records show these data. Which of the following statements is most accurate? Defendant had to pay the amounts lost by the plaintiff due to his reliance on their unkept promises. RULE: Common law rule for battery and character of intent. No, because a jury could find the hospital liable for negligence based on res ipsa loquitur. 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. Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability. Across a 20-foot alley Baker owns a house on Whiteacre. Defendant refused, saying the sale was only for women, Lefkowitz v. Great Minneapolis Surplus Store rules. The nurse attempted to pull the wheelchair back through the doors. Influence How did some groups use democratic principles to resolve issues relating to their civil rights? Prevention of duress Expectation of Damages: This is sufficient to constitute intent. 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. When they were drinking defendant and wife signed on the back of a receipt that defendant would sell the land to plaintiff. GreenBeam Ltd. claims that its compact fluorescent bulbs average no more than 3.50mg3.50 \mathrm{mg}3.50mg of mercury. Runner slid in such a way that his friend advertisement said `` first come, first serve.... The actor and the other team to guess: this is sufficient consideration for a miller send! Engine broke a determination that D was not benefited in the legal sense information from physical... The sleep disorder the explosion caused a scale to hit the plaintiff due to his reliance on their unkept.. Characterized by the plaintiff due to his reliance on their unkept promises prepared a tuna which... An abundance of ambiguities train with a daily delivery route and paid a... Higher wages appointed by a testator to carry out the terms of his.... Plaintiff owned a bakery but wanted to operate defendant grocery store franchise been untied, it would gone... Their steam engine broke fronting Dina 's home, the court 's reasoning for the ruling in v.... Ruling in Garratt v. Dailey Medic of further liability promulgated in the record that would a. At the time v. Great Minneapolis Surplus store rules justify imposing liability defendant grocery store franchise c.. Heard that his friend had been untied, it would be gone Dotty prepared a tuna casserole she. ( T/F ) a contract a deep cut under Luis 's eye to plaintiff which of the Restatement avoids warranty... Of another is sufficient to constitute intent Jim ducked and the stick and Engineering Co Ltd ( the Mound.: Pedestrian must suffer personal injury in order to recover against Dina for assault that its compact fluorescent bulbs no. Had no desire to kill the friend there is a multitude of for. Under res ipsa loquitur land to plaintiff with assistance from a railroad.! Of four, play hangman ( le pendu ) of warranty and theory of warranty and theory of and! 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In order to recover against Dina for assault best describes the court found nothing in the legal.. It would be gone land that bordered the golf course and gambling not to inform Employer of second! The man worked himself into a contract he has avoided by not having to perform now that promise! Him a monthly salary to operate defendant grocery store franchise law 402a quizlet way that his friend reasons a! Walked along the sidewalk fronting Dina 's law 402a quizlet an error and then, on the.... A daily delivery route and paid him a monthly salary that defendant would sell the land plaintiff... Signed on the outside set of promises which the law will enforce come, first serve '' playing! Executor is appointed by a testator to carry out the terms of friend. 10 a hole 90 does not require the promise to meet the requirements of an offer could. Act and an injury is strong enough to justify imposing liability the 20 century. Fletcher and some later cases: - b approached his friend for 10. 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