Jose buys a jet ski for his 16-year-old son, Carlos. Carlos does not like it and Jose seeks to rescind his purchase since the Jet Ski was to be used by a minor. Explain whether or not Jose will be successful?
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- 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?Brendan Bosse and Michael Griffin were part of a group of four teenagers eating a meal at a Chili’s restaurant in Dedham, Massachusetts. Chili’s is owned by Brinker Restaurant Corporation (collectively “Chili’s”). The cost of the meal was $56. The teenagers decided not to pay. They went out of the building, got in their car, and drove away, heading northward up Route 1. A patron of the restaurant saw the teenagers leave without payment. He followed them in his white sport-utility vehicle (SUV). The teenagers saw him following them. A high-speed chase ensued through Dedham side streets. The patron used his cell phone to call the Chili’s manager. The manager called 911 and reported the incident and the location of the car chase. The teenagers’ car collided with a cement wall, and Bosse and Griffin were seriously injured. The Chili’s patron drove past the crash scene and was never identified. Bosse and Griffin sued Chili’s for compensatory damages for their injuries. The plaintiffs argued…James incorporated a business, J Wine & Bar. He hired his friend, Douglas, to act as bouncer during nighttime service. Ricky, who is an IT professional, went to a bar to unwind from the stress and pressure of work. With pity misunderstanding with the bar’s crew, he was told to leave by the bouncer. Without provocation with the bouncer, he suffered a beating and fractured nose. The supervisor supported the action of the bouncer and said that he has the right to use force which he deemed necessary to persuade Ricky to leave the premises. Please comment on the issues of trespass, assault, battery, and and vicarious liability, if there is any.
- Agents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of: O compensation. performance. O avoidance. indemnificationJack Tupp contracts to work for Iona Carr Autohaus during February for $1,800. On January 17, Iona Carr Autohaus wrongfully cancels the contract. Jack Tupp refuses to accept a similar job with another car dealership which would have paid him $1,650. If Jack Tupp sues Iona Carr Autohaus, how much in damages would he most likely recover?
- Lend Co. discovered that one of its employees, Dana, is an alcoholic. Her manager realized that Dana's alcoholism must be the reason for her absenteeism. To help Dana overcome her alcoholiśm, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. Lend Co. also offered outpatient treatment, and Dana participated in the program without success. When all of these efforts failed, Lend Co. offered to provide inpatient treatment, and Dana refused. Lend Co. fired Dana. According to the courts: O A. Dana has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results. O B. Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused. O C. Lend Co, is liable under the Americans with Disabilities Act because it failed to offer Dana time off from…A 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.Leon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?
- Bob, an engineer, is a new employee at Airbag Industries, which specializes in manufacturing automotive airbags. Before his employment, Bob is required to sign various documents indicating that he would have access to confidential information related to Airbag Industries' business practices, customer lists, and other information that must remain confidential. It further provided that any new developments created by Bob would be the property of Airbag Industries. Further, it provided that if Bob left the company he could not compete against the company in the United States for 10 years. Bob leaves three years later to set up his own airbag company. Explain why protecting their intellectual property is important to Airbag Industries. What intellectual property issues are involved in this scenario?Delany and Eden enter into an agreement where Delany will purchase 50 pounds of assorted craft beads from Eden. Eden, however, breaches the contract and does not supply Delany with the contracted beads. This deals with which of the following types of laws? criminal law federal law public law equity private lawSamantha is a nursing assistant in a retirement home run by Pinewood Home Care, Inc. She works at least 50 hours every week. After looking at her payroll stubs for the past six months, Samantha concludes that she has not received her share of overtime pay. With the help of a friend in the payroll department, Samantha learns that Pinewood has classified her as a temporary employee. No overtime pay is the result of that classification. Samantha complains to her supervisor, but her Pinewood makes no changes. Is Samantha entitled to overtime as a nursing assistant? If not, why not? If Samantha is entitled to overtime, where is the most appropriate place to pursue legal options to recover her overtime and what steps should she take to do so Response prompt (if appropriate): After posting, respond to two classmates. In each response, agree or disagree with the suggested conclusion and provide alternatives. Provide sources where appropriate.