In 1992, Donna Smith telephoned Clark, the man- ager of Penbridge Farms, in response to an adver- tisement Clark had placed in the July issue of the Emu Finder about the availability for sale of proven breeder pairs. Clark told Smith that he had a breeder pair available. Clark sold the pair to Smith for $16,500. Some months later, after Smith had had a chance to inspect the pair, she discovered that Clark had sold her two males. Smith immediately notified Clark and revoked her acceptance of the animals. Clark said the revocation was too late. Was it?
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- Carole Smith, an Apostolic Christian, worked as sales associate at Nickels Department Store. One afternoon, during a break, Smith participated in a conversation about God, homosexuality, and same-sex marriages. The next day, an employee told the manager that Smith made inappropriate comments about gays to Casey, a Nickels employee who was gay. Over the next five weeks, Nickels investigated the incident by interviewing and obtaining statements from employees who were present during the conversation. In his statement, Casey reported that Smith pointed her finger and said that God does not accept gays, that gays should not be allowed to marry or have children, and that they will burn in hell. Three employees confirmed Smith’s statements. Nickels terminated Smith's employment after concluding she had engaged in serious harassment in violation of its Discrimination and Harassment Prevention Policy. This policy, of which Smith was aware, prohibits employees from engaging in conduct that…When Marissa’s company became a buyer for a food service company, she attended an online educational presentation by one of her company’s suppliers. It laid out the supplier’s knowledge of sustainable new products. She was able to interact with the presenter and ask questions. This was most likelyWhy do facts matter when it comes to warranties either implied or expressed?
- 5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)Assume a defendant is observed by police officer A walking down the street carrying a weapon. A few moments later, the defendant is observed by police officer B walking down another street carrying the same weapon. Defendant, a convicted felon, is arrested and charged two counts of illegal possession of a weapon. Has he committed two crimes, or one? If only one, the Double Jeopardy clause prohibits two convictions for the same offense. If you conclude only one offense has occurred, how did the state convince the court otherwise in Commonwealth v. HorneWally is a world-famous LSU shoe quarterback who is known for his ability to quite literally throw away the game when it matters most. One day, during his rigorous shoe throwing exercbes, be negligently knocks an innocent civilian unconscious with a stray purple and gold cleat. Wally was promptly arrested and taken to jail to await trial. The judge assigned to his trial happened to be a passionate Gator fan who was excited about a potential national championship season for his beloved Florida football team, which Wally had spoiled a few years ago with yet another stray cleat. As a result of the judge's (understandable) resentment towards Wally's previous national championship sabotaging episode, the judge sentenced Wally to a lifetime in prison for his current crime. The judge's comically harsh sentence could be described by which of the following legal theories? O Legal Realism Utilitarianism Natural Law Egalitarianism O The Historical School
- Lee Lantz was a fish buyer working in South America when he observed a couple of fishermen carrying a fish with them as they were leaving the docks. It was an ugly thing, with big protruding teeth, and he asked them what it was. “Toothfish” was one reply; “cod of the deep” said the other. The five-foot long fish was too big for one person, and mistaking it for some type of bass, Lantz bought a piece and fried it up. Disappointed by the lack of flavor, he thought at first of ignoring the fish. But after thinking a while, he wondered if people might actually like a product that wasn’t “fishy.” Had he found something worthwhile? First, though, it needed a name. Anything called toothfish wasn’t likely to sell too well. Lantz thought consumers were familiar with bass, so he tried variations: Pacific bass, South American bass, and so forth. He finally settled on Chilean sea bass as a name with an exotic flavor. Then, he shipped some to chefs in New York City, asking them to try the fish and…Give typed explanation Kawal, a young mother with three small children, had worked at the counter of a Tim Hortons store for three years. One day, the manager observed Kawal giving a Timbit donut to a crying child who came into the store with their parents. When the manager of the store confronted Kawal about giving a donut away for free, Kawal immediately admitted to giving the donut away to the customer without paying for it. She was aware that this was against the employer’s policy, but she had been busy at the time and did not go to her purse to get the $1.50 to pay for the donut at that time. Also, knowing that day-old donuts are given away to small children in the store regularly, she felt this would be acceptable. Kawal expected to get a warning at most and was shocked when her manager terminated her employment for cause. Sarah filed a wrongful dismissal case. (PLEASE NOTE: I am not looking for your opinion. Use concepts discussed in class or your textbook to provide an…Nick had just finished his shift at work and was just about to drive home when he received a telephone call from his girlfriend. She sounded worried because she thought that someone was trying to break into their flat. Nick rushed home, driving at 45mph in a 30mph zone. When he pulled into the parking lot, Nick saw Bill running away from the building carrying what looked like a laptop. Nick chased after Bill and when he caught up with him, he punched him very hard, leaving him unconscious. Bill later recovered but spent some time in hospital receiving treatment for his injuries. Advise Nick of any criminal offences that he may have committed and any defences that he may have? Please consider the elements of the crimes committed. Nick is tried for his crime(s) in the Crown Court. Explain the role of the Crown Court in criminal proceedings including considering the role of the jury, any rights of appeal and the sentences that may be applied.
- Dr. Susan Rice asks Bruce Goldman, CMA (AAMA), to instruct patient Dottie Tate in the use of a walker to prevent further falls at home. Dottie is silent as Dr. Rice leaves the examination room and Bruce proceeds to set the walker correctly. However, when Dottie sees that Bruce must once again put Dottie in a gait belt for her protection—the belt was used earlier in the examination to assess Dottie’s ability to ambulate—the patient gets feisty. She is visibly tired and ready to go home. “I’ll learn to use the walker if I have to, but I won’t wear that belt. It makes me feel like a baby. And it’s such a bother. Who wants to go through all that? We just don’t need it.” Answer the following questions, which are also found in the Reflection Activity for Chapter 32 of the textbook: What is the best action of the medical assistant? What is the best therapeutic response of the medical assistant? Could the situation have been avoided? If so, how? If not, why not?On its face, the Fifth Amendment’s Takings Clause only applies to: Group of answer choices regulatory takings. physical takings. actions by private landowners. the federal government.Brian Felley went to the home of Tom and Cheryl Singleton on June 8 to look at a used car that the Singletons had advertised for sale in the local paper. The car was a 1991 Ford with 126,000 miles on it. Following a test drive and the Singletons’ represen- tation that the car was “in good mechanical condi- tion,” Felley purchased the car for $5,800. By June 18, 1997, Felley had the car in the shop and had paid $942.76 to have its clutch fixed. By July 9, 1997, Felley also had paid $971.18 for a new brake job. By September 16, 1997, Felley had paid another Felley brought suit for breach of express war- ranty. An auto expert testified that the clutch and brakes were defective when Felley bought the car. Was an express warranty breached? Why or why not? [Felley v. Singleton , 705 N.E.2d 930 (Ill. App.)] $429.09 for further brake work