Harris chose and paid for a 4-man tent from Smith’s Camping Equipment Co. Harris asked Smith, whose store closed at 6pm, to leave the tent outside the store front door, so he could pick it up about 6.15pm. Smith asked a café owner opposite the front door to watch over the tent. However, it was stolen at about 6.10 pm which the café owner was talking to one of his customers. Harris wants to claim the purchase price from Smith. Explain who, if anyone, is liable for the loss and why.
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- Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.Was Lake's death a foreseeable consequence of the air conditioner's failure to operate properly?4n loses his dog. He posts signs in his neighborhood offering a $500 reward for the safe return of his dog. Jill happens upon the dog, knows its Tom's, and promptly returns the dog to Tom. Upon learning of the reward, she says "I returned your dog and now I see there's a reward; I want my money." Which of the following is more likely than the others as a result? Jill gets the reward. Through her actions, she formed a bilateral contract. Jill gets the reward. Public policy requires people to return things to their rightful owners. Jill does not get the reward because there is no in rem jurisdiction for a court to have the power to enforce the reward. Jill does not get the reward because the offer had not been communicated to her.
- Madelle sought Sales Associate Sally's help in the search of an affordable townhouse in her area. Sally agreed to show Madelle some properties once Madelle signed a buyer representation agreement. Madelle agreed but was surprised to see the name of Broker Sam on the contract and asked Sally why that was so. Decide which of the following BEST represents what Sally's response should be. That allows Sam to step in if anything happens to Sally. It's just a way of tracking the activity of sales associates who work within the brokerage. Q { Search Agency relationships are created on the broker level. Sally would be splitting her commission with Broker Sam. 19:13An employer under the union contract has the right to demand a back to work slip from a doctor to allow an employee back to work after three days absence. The employee brings a slip from his doctor dated the morning before his return to work saying, “This employee is physically able to return to work. Discuss whether the employee has met his obligation.Buyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. demand specific performance initiate rescission accept compensatory damages settle for liquidated damages
- John Beck was injured at the Drive-Thru at Taco Bell when an impatient driver behind him fired his gun at John’s car. When would Taco Bell be liable for John’s injuries? a. Taco Bell would be liable if John was negligent. b. Taco Bell is always liable for John’s injuries because he is an invitee. c. Taco Bell could never be liable for John’s injuries. d. Taco Bell would be liable if the firing of the shot was foreseeable.DigiTech Corporation pays its employees every two weeks. Eve gets her paycheck, indorses the back (“Eve Anderson”), and, on her lunch hour, goes to cash it at DigiTech’s bank, First State Bank. On the street, in a crowd, she loses the check. Greg Smith finds it. Has the check been negotiated to Greg? Greg signs the back of the check beneath Eve’s signature and cashes it. What might Eve have done to avoid this loss?Any risk of deterioration in the goods necessarily incident to the course of transit shall be borne by the seller. True /false
- b) Johnson is an estate agent and he has been asked by his client to sell for him three products A,B and C.He agrees to pay him 5% commission on each sale and specifies certain conditions: the state agent must sell property A first within 60 days. If and when A is sold, the agent receives a commision on that sale. He can then either back out at this stage or nominate and try to sell one of the remaining two properties within 60 days. If he does not succeed in selling the nominated property at that period,he is not given the opportunity to sell the other. If he does sell it in that period, he is given the opportunity to sell the third property on the same conditions. The following table summarises the prices, selling costs (incurred by the sales agent whenever a sale is made) and the estate agent's estimated probability of making a sale. Property i. ii. A B price of property 12,000 C 25,000 50,000 selling costs probability of sale 400 225 0.7 ( 0.6 0.5 450 Draw up an appropriate…If the delivery term in the parties’ contract for the sale of goods is FOB the place at what the goods originated, absent any other agreement, the buyer is responsible for making reasonable arrangements for the goods to be shipped. true or falsePacific Southern Airlines (PSA) had an unhappy customer. Cynthia Mercier-Walters flew from Philadelphia, Pennsylvania, to Phoenix, Arizona. The flight stopped briefly at Hartsfield-Jackson Atlanta International Airport, where she got off the plane for half an hour. When she returned to her seat, her $400 prescription reading glasses were gone. She asked the flight attendant where the glasses were, and the attendant said they probably were thrown away since the cleaning crew had come in with big bags and tossed everything in them. Ms. Mercier-Walters tried to locate the glasses through the airline’s lost-and-found service, but she failed. Then she wrote a strong letter to the airline demanding reimbursement for the loss. She felt that it was obvious that she was returning to her seat. The airline, however, knows that an overwhelming number of passengers arriving at hubs switch planes for their connecting flights. The airline does not know who is returning. What’s more, flight attendants…