In Oliver V. Brock, what factors did the court consider most significant in determining whether Dr. Brock had a contractual relationship with Oliver?
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In Oliver V. Brock, what factors did the court consider most significant in determining whether Dr. Brock had a contractual relationship with Oliver?
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- Bishop Logging Company is a large, family-owned logging contractor formed in the Lowcountry of South Carolina. Bishop Logging has traditionally harvested pine timber. However, Bishop Logging began investigating the feasibility of a fully mechanized hardwood swamp logging operation when its main customer, Stone Container Corporation, decided to expand hardwood production. In anticipating an increased demand for hardwood in conjunction with the operation of a new paper machine, Stone Container requested that Bishop Logging harvest and supply hardwood for processing at its mill. In South Carolina, most suitable hardwood is located deep in the swamplands. Because of the high accident risk in the swamp, Bishop Logging did not want to harvest hardwood by the conventional method of manual felling of trees. Because Bishop Logging had already been successful in its totally mechanized pine logging operation, it began a search for improved methods of hardwood swamp logging centered on mechanizing…Describe the cause of action claimed by the Plaintiffs in their petition. Kelo v. New londonWhy did the plaintiffs think they should not be bound by the arbitration clause?
- In 1950, Leaky Chemical Company began manufacturing fireproofing materials at its site in NY. The manufacturing process used a lot of water and as part of the process, it used water from the nearby river to cool its machinery. At the conclusion of the process, used water was discharged into a sump called "The Lagoon", behind the building. In 1975, Leaky went out of business & the property was unused until 1980, when Vinyl Window Corporation bought the property and began manufacturing replacement windows. The manufacturing process resulted in leftover liquid vinyl, which was put in metal drums and stored outside-where they rusted and leaked into the Lagoon and elsewhere. After VWC moved its entire business to China in 1995, at VWC's request, the factory buildings were bulldozed by an outside company, (Ace Demolition Corporation) which also bulldozed the metal storage drums, not knowing what was in the drums. In 2000, a residential community was built adjacent to the old VWC…John 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?In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.
- Onslow Company purchased a used machine for $288,000 cash on January 2. On January 3, Onslow paid $8,000 to wire electricity to the machine. Onslow paid an additional $1,600 on January 4 to secure the machine for operation. The machine will be used for six years and have a $34,560 salvage value. Straight-line depreciation is used. On December 31, at the end of its fifth year in operations, it is disposed of. Problem 8-6A (Algo) Part 3 3. Prepare journal entries to record the machine's disposal under each separate situation: (a) it is sold for $21,000 cash and (b) it is sold for $84,000 cash. View transaction list View journal entry worksheet No Date December 31 Cash Accumulated depreciation-Machinery Loss on sale of machinery Machinery General Journal Debit Credit 21,000 213,700 63,300 288,000 December 31 Cash 84,000 Accumulated depreciation-Machinery 213,700 Machinery 288,000Find a case involving an allegation of a breach of contract and include a brief summary of the facts, the court’s decision and reasoning, and whether one should agree with the court’s decision.In 1961, Ford Motor Company acquired Autolite, a manufacturer of spark plugs, in order to enter the profitable aftermarket for spark plugs sold as replacement parts. Ford and the other major automobile manufacturers had previously purchased original equipment spark plugs (those installed in new cars when they leave the factory) from independent producers such as Autolite and Champion, either at or below the producer’s cost. The independents were willing to sell original equipment plugs so cheaply because aftermarket mechanics often replace original equipment plugs with the same brand of spark plug. GM had already moved into the spark plug market by developing its own division. Ford decided to do so by means of a vertical merger under which it acquired Autolite. Prior to the Autolite acquisition, Ford bought 10 percent of the total spark plug output. The merger left Champion as the only major independent spark plug producer. Champion’s market share thereafter declined because Chrysler…
- Which of the following is true regarding whether the buyer and seller may negotiate contractually for a shorter time period to sue for breach of contract than the statute of limitations period ordinarily recognized by the Uniform Commercial Code? Multiple Choice The buyer and seller may not negotiate for a shorter time period to sue for breach of contract, instead, they must recognize the statute of limitations period established by the Uniform Commercial Code. Without limitation, the buyer and seller may negotiater a shorter time period to sue for breach of contract than the statute of limitations period ordinarily recognized by the Uniform Commercial Code. The buyer and seller may negotiate for a shorter time period to sue for breach of contract than the statute of limitations period ordinarily recognized by the Uniform Commercial Code, so long as the contractually-agreed-upon time period is not for less than one year. The buyer and seller may negotiate for a shorter time period to…Alan’s real estate broker suggested that he use a quitclaim deed to sell his super cool Brentwood condo so that the buyer would: Be the grantor under the deed and have full recourse against the seller for any title related claims Acquire only the legal interest in the property that Alan previously held Know that all prior mortgages, liens, and other encumbrances had either been reconveyed or removed from the property’s title Receive assurance that the property was free from any title defectsSam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.