Miss Tomato initiates her action under Small Claim Procedure. Which of the following statement is CORRECT to describe her action?
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- 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?Explain the statutory interpretation tools in law for the following . " No parking allowed".help
- State and describe three (3) potentials grounds for overturning an NLRB election.Which of the following sections of an insurance contract limits coverage? A Waiver of Premian OB OC OD. Conditions Exclusions DeclarationsTom Taylor, the Sales Manager, was told by his boss, Carl Bauer, to take an order from a new customer for a batch of products. Tom knew that the products involved would only partially meet the customer’s requirements and that Carl knew that. But, Carl insisted that the order was too valuable to lose. What should Tom do?
- Samantha 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.helpa. Provide a reasonable textbook definition of what intoxication in law means with the use of examples. b. Use your critical analysis skill to explain how a person can avoid a contract entered into under intoxication. Use the case laws below and state the issue, facts, and judgment of them. Halsted v. Globe Indemnity Co. (1935) Jackson v. Alexander (1879) Matthews v. Baxter (1873)
- Ma3. Explain in brief. Sally Henderson is an employee of Good Eats Restaurant. Sally's contract with Good Eats Restaurant states: "Sally Henderson shall ensure the bathrooms and dining room area are reasonably clean during operating hours." Sally's good friend James is also employed by Good Eats Restaurant as a parking attendant, a person who parks customers’ cars. On a very busy night at Good Eats Restaurant, without the authorization of Good Eats Restaurant, Sally decided to help her friend James park cars. Sally injures a customer due to Sally's negligent driving while parking cars. The injured customer sues Sally and Good Eats Restaurant. Is it likely that Good Eats Restaurant will be determined to be liable to the injured customer. BRIEFLY EXPLAIN.Arthur owns a property with a large back yard that is usually lit at night by bright floodlights. For months he has been asking local teenagers to stop using his yard as a ‘short-cut’ to the bus stop, but they continue to ignore him. Arthur decides to install an in-ground swimming pool. Last Saturday night, after the pool contractor has spent the day excavating a large hole, Arthur decided not to switch on the floodlights. At 11 pm, one of the teenagers, Gerry, fell into the hole and suffered serious injuries. Explain whether Arthur is likely to be liable in negligence. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts, particularly relating to negligence and negligent misstatement).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?