D bound himself to deliver a Sony LED TV with Serial No. WERT-35 to C and to repair C'S washing machine. D failed to perform both. A. C can compel D to deliver the TV but not to repair the washing machine.
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- Reed, a manager for XYZ Products, issued company checks to pay his personal debts. So that no one in the company would know what he was doing, he disguised the name of the payees. For example, to pay his American Credit Card bill, he issued the XYZ check to “American.” XYZ Products sued the recipients of the checks, such as American Credit Card, demanding that the funds be returned. The trial court ruled against XYZ Products concluding that the Defendant-Payee, American Credit Card, was a holder in due course and thus took the checks free of any claims or defenses. Was the trial court correct in ruling that American Credit Card is a holder in due course? Why? What law is applicable? Can Reed be held criminally liable for his actions? Why or why not? Can Reed be civilly liable for his actions? To whom might Reed be liable and for what? 4. What is the business lesson to be learned from this case? Is this a fair result based on public policy constructs applicable to property…Robert sold used cars, but he had little or no knowledge with respect to the technical aspects of any of the vehicles that he sold. Ray was seeking to buy a Honda Civic and Robert gave his opinion as to the speed of the car and its durability. Ray subsequently finalized the purchase and took control of the car. Two weeks after the purchase, the Honda Civic broke down and required extensive mechanical repairs. Ray is angry and is of the view that Robert misrepresented the condition of the car when he sold it. Ray is of the opinion that as a Used Car Salesmen, Robert should have known that the car was indeed in poor mechanical condition. Please advise Ray using the IRAC methodA long-time patient of Dr. Jones was admitted to the ICU. She was unable to respond and was having difficulty breathing. She required respirator support. Her son, her HCP, was called and came to the hospital. In discussion with the physician, the physician stated that he is aware of the patient’s wishes and suggests removing her from the respirator. The son said that he wants to keep his mother on the respirator. The physician insisted that he spoke with his mother at length and he knows that the patient does not want to be on a respirator. The son calls the Risk Manager to complain. You are the risk manager, what should be done?
- 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.14) The person who gave assistance in agency relationship is known as agent. a) True b) False 15) The governing law for contract of sales is Sale of Goods Act 1957. a) True b) FalseA man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? Answer the questions.
- The U.S Supreme Court requires that any condemned property must be put into use for the general public. True FalseShould FedEx be liable for the alleged loss of valuable rare coins when FedEx did not know what the package contained. Rykard v. FedEx Ground Package System.S insured his appliance store under an owner, landlords, and tenant’s policy that included products liability coverage. While he was demonstrating a microwave oven the door came open and injured a customer. Which of the following would protect S? The oven manufacture’s products liability policy The premises-operation section on S’s policy The products Liability section on S’s policy The incidental contracts section of S’s policy
- Betty went to the cinema to watch the premiere of Hulk Mister. She bought the ticket and went into the cinema. As she sat down on the chair, the legs of the chair broke and she fell onto the ground injuring her lower back. It turned out that the chair was previously broken and has not been properly repaired by the staff of the cinema. She was hospitalised for a month and could not work during the time she was in the hospital. Required: Betty wants to start legal proceedings to claim damages from the cinema for the injury. Advise her of the legal grounds on which she can claim compensation from the cinema and discuss, with reference to relevant legal principles and cases, the necessary steps that Betty needs to go through in order to prove her case.A. 1. X, Y, and Z, co-owners, sold a inverter air-condition unit to A. They solidarity bound themselves to deliver the aircon unit in March 30. Through the fault of Y, the aircon unit was completely destroyed . Give the rights and obligations of the parties. B. 1. Joe, Nicolas, and Dante obliged themselves jointly to deliver to Ricky a particular racing horse on April 1. Their agreement which was made known to Ricky is that they will contribute the amount in buying the particular horse. However, the horse was not delivered on the date due because of failure of Nicolas to give his share of the purchase price. State the rights and obligations of the parties. 2. Dindo binds himself to pay his P20,000 loan in four (4) equal monthly installments. Is the obligation of Dindo divisible or indivisible? C. 1. Jaevis promised to deliver to Kyle a breeding cow. Their contract contains a penal clause that in the case of non-fulfillment, Jaevis Shall pay a penalty of P10,000. Jaevis wants to juts…Dr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.