Alan rents a flat in a block of units in the eastern suburbs of Sydney. One summer evening, during a balcony BBQ, Alan tosses several empty beer cans onto the adjoining balcony of the flat rented by Jimmy. What redress in law, if any, does Jimmy have?
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- Leon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?Elly enters into a 12-month lease with Mike to rent Mike’s house for $1000 per month. After 3 months, Elly moves out of the house and disappears. It takes Mike 1 month and $2000 to repair the damage that Elly caused. He rents the house to a new renter for $900 per month after the repairs are completed. Mike will sue Elly to seek damages. What are his damages? Please itemize and total the list. Was he required to rent the house to someone else? Why or Why not?Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. a. What arguments would support Dodson’s termination of the contract? b. What arguments would support Shrader’s position that the contract is not voidable? c. Which side should prevail? Explain.
- Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.Bill Kinsey was charged with murdering his wife while working for the Peace Corps in Tanzania. After waiting six months in jail, he was acquitted at a trial that attracted wide publicity. Five years later, while a graduate student at Stanford University, Kinsey had a brief affair with Mary Macur. He abruptly ended the affair by telling Macur he would no longer be seeing her because another woman, Sally Allen, was coming from England to live with him. A few months later, Kinsey and Allen moved to Africa and were subsequently married. Soon after Bill ended their affair, Macur began a letter-writing campaign designed to expose Bill and his mistreatment of her. Macur sent several letters to both Bill and Sally Kinsey, their parents, their neighbors, their parents’ neighbors, members of Bill’s dissertation committee, other faculty, and the president of Stanford University. The letters contained statements accusing Bill of murdering his first wife, spending six months in jail for the crime,…Describe what is intoxication in law and explain how a person can avoid a contract entered into under intoxication using the case law: gore v gibson
- Jose buys a jet ski for his 16-year-old son, Carlos. Carlos does not like it and Jose seeks to rescind his purchase since the Jet Ski was to be used by a minor. Explain whether or not Jose will be successful?What is the difference between possession and title of personal property?Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him. Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries. Explain whether Arthur is likely to be liable in negligence. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).
- 88. when may an agent in Florida write controlled business If writing an amount of similar business equal to or greater than If writing an amount of similar business of at least twice the amount of controlled business If accepting no commissions on the controlled business If not advertising to the general public as an insurance agentPost to “The California “Home Protection Bill of Rights” presumes that a person using deadly force on an intruder acted in reasonable fear of death or great bodily harm to himself or herself or a member of the household. Do you agree or disagree with such a presumption? Does the castle doctrine encourage gun ownership?”Amanda and Emilia are co-directors and members of Griffin Pty Ltd, which imports widgets from Vietnam and sells them in various hardware stores in regional NSW. Griffin has a medium-sized warehouse where it stocks goods, and from which it distributes products. Griffin recently signed a contract to supply a large hardware store in Orange and Dubbo with widgets. So the company ordered 10 pallets of widgets from its Vietnamese supplier and also paid a substantial deposit. A shipping company who carries goods into Australia has already brought the pallets into the country and has sent their bill to Griffin. After a couple of deliveries to the hardware store, a safety issue is discovered with the widgets and the government bans the sale of the widgets. the hardware store cancels all further orders of the widgets. Now, Griffin has no future revenue and its remaining stock of widgets cannot be sold. The shipping company is demanding payment of its invoice; there are also several…