A tort is a breach of a contractual agreementSelect one:TrueFalseClear my choiceOO

A tort is a kind of civil wrong which gives rise to any kind of injury or causes harm to others and…

Answered: A tort is a breach of a contractual…

Understanding Business

12th Edition

ISBN:9781259929434

Author:William Nickels

Publisher:William Nickels

Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment

Section: Chapter Questions

Problem 1CE

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Subject: Business Law Discuss what is intoxication in law ? How can an person avoid a contract entered into under intoxication? Using the following case and THREE of your own, You are required to research relevant case laws on this matter and discuss in detail. Also discuss in detail the outcome of the cases. Nash V. Inman (1908) Sherrington v. Sherrington (2005) Howe v. Smith (2017) Additional requirements Introduction- The introduction and objectives are clearly stated. Background and context are clearly articulated and linked to objectives effectively. Analysis- Analysis is highly relevant to the assignment requirements and presented clearly and logically. Very strong link made between theory and practice. Case laws- The Case law presented and facts is highly relevant to the assignment Conclusion- Conclusion is clearly stated and connections to the arguments and positions are clear and relevant. The underlying logic is explicit.
John’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespass
Chris bought his son a new bicycle from his local bike shop. Less than a week later, the bicycle’s handlebar broke while the boy was riding. This caused the boy to fall on concrete and break several teeth that required surgery. Chris wants to sue the manufacturer for compensation but is told that the shop merely imported the bicycle - which was manufactured overseas. Required: Explain to Chris whether he is able to take legal action for a breach of the ACL. Refer to law.
John Clark purchased a paintball gun at a pawn shop and then participated in a community sport of shooting paintball guns at cars. While John and his friend were riding around their small town with their paintball guns, they spotted Chris and shot his car. Chris Rico then aimed his Brass Eagle paintball gun at the car John was riding in, but instead hit John in the eye. John required surgery on his eye that even- ing and filed suit against Brass Eagle under a theory of strict tort liability. Brass Eagle responded by stat- ing that its gun was not defective and that the young men had ignored warnings about the need to wear eye protection when using the guns. John said he purchased his gun used and was not given all the packaging and instructions. Brass Eagle says that its gun was not defective and that it functioned as it was supposed to. John says the guns are inherently dan- gerous. Who should be responsible for the injury? Are paintball guns defective if they can harm indivi- duals?…
which of the following is not a tort: Conspiracy, deceit, inducing a breach of contract, injurious falsehood, passing off action
Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?
is essentially a shortcut for negligence. Instead of having to prove all of the normal elements, a plaintiff would simply have to show that the injury was caused by something in the defendant's exclusive control, the injury generally only occurs in negligence, and the plaintiff was not the cause.
Case: Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln Health Center Facts: Brenda Brandt was admitted to Bush Lincoln Health Center for treatment of urinary incontinence. She had a surgical procedure in which a sling was implanted. The manufacturer, Boston Scientific, recalled the item. Brenda had to have the sling surgically removed. She sued the manufacturer and the designer. In this case, Brandt’s bill from the Health Center reflects that of the $11,174.50 total charge for her surgery. $1,659.50, or 14.9%, was for the sling and its surgical kit. What provision of the UCC did the plaintiff sue under? What was the reasoning and decision of the court hearing the case
Please list and describe the 3 types of torts.
The statute of limitations in Texas is a.four years for a written contract. b.four years for an oral contract for a 6-month lease. c.four years for all contracts for the sale or lease of real property in Texas. d.six years for a written contract.
What is the legal concept of negligence and the 4 elements that make up that concept

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A tort is a breach of a contractual agreement Select one: True False O O