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
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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
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- In a class, Professor Emerson wore skinny jeans, a black, long-sleeve dress shirt with several buttons not buttoned, a "gold" chain holding a "gold" dollar sign, and a blond wig (shorter and not scraggly compared to the long blondish hippie wig worn a few classes earlier). That class with the skinny jeans, unbuttoned black shirt, gold chain, and shorter blond wig were used to make points concerning: the legality (public policy) element of contracts Oliquidated damages O the intellectual property exception to absolute free speech O contract definitions sexual harassmentBarbara Rome entered Flower Memorial Hospital to undergo a series of X-rays. When she was ready for the X-rays, she was assisted by a student radiological intern. The intern placed Rome on the X-ray table and strapped her onto the table correctly; however, the intern did not properly fasten the footboard, which was located at the foot of the table. As a result of this error, Rome fell and was hurt when the table was raised. As a consequence, Rome brought a lawsuit against Flower Memorial Hospital, alleging that the ordinary negligence of the intern had caused her injury. In contrast, the hospital argued that the lawsuit involved a medical claim, as defined under the state’s medical malpractice statute. Whether a case involves ordinary negligence or a medical claim would determine whether the state’s two-year statute of limitations for negligence or the state’s one-year statute of limitations for medical claims would apply. This case clearly involves a difference of opinion on the…inserted a picture
- Spritz signs a contract that says that she will paint a mural of her friend Hecuba in exchange for Hecuba giving Spritz the secret recipe to Hecuba's beloved banana sushi. Spritz labors day and night painting the mural, however when she finally finishes and asks for the recipe, Hecuba laughs and points to an area of the contract which has extremely fine print (only legible to people with magnifying glasses). This incredibly small print says that Spritz must also paint 40 murals of Hecuba all around the city before getting the recipe. Even though Spritz knows that she has signed this document with a level head, she sues. Does she have a case against Hecuba? Yes, and Hecuba will probably have to personally scrub away the first mural as punitive damage. Yes, a reasonable person would have missed the fine print. No, because she already painted the first mural. Yes, a reasonable person could not paint 40 murals. O No, Spritz's signature on the document created a legally binding,…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.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?
- 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 casewhich of the following is considered an Unfair Trade Practice under Florida law? A) Abandonment B) Coercion C) Consequential Damage D) WaiverJohn Brown Ales Pty Ltd sells bottled beer to select licensed premises. Mary is out with friends and consumes a bottle of John Brown’s Old-Fashioned Ale. When she gets to the bottom of the bottle, she realises that there are the remains of an insect in the bottle. Mary suffered shock and became very ill with gastroenteritis. Mary missed two days of work and needed medical attention. Can John Brown be brought to account for Mary’s costs and suffering?
- under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?An intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasons