Meredith sold Jossy two cars that Jossy wanted. Jossy told Meredith that she wanted cars that were fast. The first car was built by Porsche, so both Jossy and Meredith thought that the car would be very fast. Meredith and Jossy thought that the second car had a new engine built but as it turns out it was an old engine that was just modified by Tesla. Within a few days after the transaction, Jossy drove both cars and neither car could go faster than 60 miles per hour. Jossy wants to void both contracts. Will she be successful in voiding any of the contracts? Why or why not?
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Meredith sold Jossy two cars that Jossy wanted. Jossy told Meredith that she wanted cars that were fast. The first car was built by Porsche, so both Jossy and Meredith thought that the car would be very fast. Meredith and Jossy thought that the second car had a new engine built but as it turns out it was an old engine that was just modified by Tesla. Within a few days after the transaction, Jossy drove both cars and neither car could go faster than 60 miles per hour. Jossy wants to void both contracts. Will she be successful in voiding any of the contracts? Why or why not?
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- The buyer and seller were arguing over a small river rock fountain, which before closing had been sunk into the patio and cemented in place. No mention of the fountain had been made during negotiations and both sales associates believed the fountain would stay. When the buyer went by to pick up the keys after closing, the fountain was gone and in its place was a small wooden windmill and 2 plastic gnomes. The seller claimed the fountain was personal property and the buyer claimed it was a fixture. Which statement about the fountain is true? . • The fountain was purchased by the seller. It should always be his. O The fountain should have been listed by the buyer in the contract. Since it was not, it is personal property. • The method of attachment in this case was cement. Clearly the item was affixed and permanent. O Even though the fountain was cemented into the ground, it is definitely personal property and does not have to be left for the buyer.Ruby is a homeowner with a mortgage loan. She's been missing payments, and recently received a notice from her lender that her loan is in default, and she will be required today the entire remaining balance or face foreclosure. What clause in her mortgage contract gave her lender the right to do this? prepayment penalty clause acceleration clause due on sale clause defeasance clauseChris 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.
- The promises of the insurer are found in the insurance policy. True, False When the insurer is subrogated to the insured's claim, the insurer may enforce that claim against the third persor True, False All fires that cause damage are classified as hostile fires. True, FalseNelson took her computer to ABC Computer for repairs. ABC repaired the computer at a cost of $350 and informed Nelson that her computer was ready. Before Nelson came to pick up her computer, ABC was burglarized and Nelson's computer was taken. ABC had a commonly-used alarm system that was operating properly on the night of the burglary, and all the doors and windows were properly secured. Nelson sued ABC for the cost of the computer. ABC denied any liability and counterclaimed for the $350 in repairs. Who will win? HINT: Address the Bailment Issue.Please use the IRAC format Issue: Call of the Question Rule: Rule of Law to be applied to properly answer the question Analysis: Applying the rule of law to the facts of the problem presented Conclusion: Answer to the IssueThelma 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?
- A long-time patient of Dr. Jones was admitted to the ICU. She was unable to respond and was having difficulty breathing. She required respirator support. Her son, her HCP, was called and came to the hospital. In discussion with the physician, the physician stated that he is aware of the patient’s wishes and suggests removing her from the respirator. The son said that he wants to keep his mother on the respirator. The physician insisted that he spoke with his mother at length and he knows that the patient does not want to be on a respirator. The son calls the Risk Manager to complain. You are the risk manager, what should be done?Bill was appointed by Melinda to buy a painting at not more than $1 million. Bill eventually bought the painting for $1.2 million. Melinda wished to ratify Bill's act. Which of the following statements is CORRECT? Melinda could ratify if she did so soon after Bill's unauthorised act. Melinda could not ratify because Bill disobeyed her instructions. Bill had actual authority since he was appointed by Melinda to buy the painting. Melinda could still sue Bill for the price difference after ratifying his unauthorised act.JimmyCorps places several Facebook ads claiming that his magic tonic protects consumers from coronavirus. Harvey places an order for 50 gallons of the magic tonic to protect himself and his family. Meanwhile, the New York Attorney General commences prosecution of JimmyCorps for fraud—his magic tonic is simply a gallon of bleach, and consumers who have purchased it have become gravely ill or died. Still, JimmyCorps sues Harvey when Harvey refuses to pay for the 50 gallons of tonic he ordered. Can a judge force Harvey to pay JimmyCorps? Why or why not? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.
- Kayla, a property owner, loses an acre of her land to adverse possession. She is surprised this was even possible. You explain to her that, even though she owns the property, property can be lost even without the owner's consent through: involuntary alienation voluntary alienation private grants land trustJoseph and Mai each bought shares of Apple stock at $200 per share. About a week later, Joseph called his stockbroker and told him that if Apple was trading below $195, he wanted to sell. The broker was very busy, so he didn’t check but Apple was trading at $194 per share. He told Joseph that it was not below $195, so Joseph did not sell the stock. Mai also called her stockbroker that day also and told him that if Apple was trading below $195, she wanted to sell. Once again, the broker was very busy, so he didn’t check but Apple was trading at $194 per share. He told Mai that it was not below $195. However, Mai saw the price on her computer and knew it was $94. However, Mai did not sell either. Apple dropped to $180 per share by the end of the day and they both sold suffering a large loss. They both sue the brokers. What are the probable outcomes of the suits?Can you please help me answer this?