Please use the IRAC method to analyze the case. 1. A merchant ordered a shipment of leather overseas. As a result of the pandemic, the owner ofthe vessel who had docked at a port, sold the leather to another person who badly needed thegoods in the area he had docked the ship.With reference to case law, advise the merchant and the owner of the vessel. Would your answerbe different if he was shipping fruits? 2. Explain one (1) way by which an agency relationship may be created
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Please use the IRAC method to analyze the case.
1. A merchant ordered a shipment of leather overseas. As a result of the pandemic, the owner of
the vessel who had docked at a port, sold the leather to another person who badly needed the
goods in the area he had docked the ship.
With reference to case law, advise the merchant and the owner of the vessel. Would your answer
be different if he was shipping fruits?
2. Explain one (1) way by which an agency relationship may be created
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- 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.)The Case: Ben purchased a used Laptop from Smart store during the sales period. He asked the salesperson, Rodny, if the Laptop had ever been damaged. Rodny (the salesperson) had never seen the Laptop before that morning and knew nothing of its history but quickly answered Ben’s question by stating: ‘No. It has never been damaged’. In fact, the Laptop had been seriously damaged previously and, although repaired and bought during the sales, it was worth much less than the value Ben had paid. When Ben learned the truth, he wanted to return the Laptop. Smart store replied that he cannot do that because they have a legally binding agreement and as per the agreement the items purchased during the sales cannot be returned. Questions: A) Does the behavior of the salesperson, Rodny, constitute deception? If it constitutes deception please precise which type of deception and explain in detail all the elements of the type of deception selected. B) Decide, based on the analysis made under…A local builder offers to place with you insurance on every house he/she builds while it is under construction. In return, he/she wants you to allow him/her 20 % discount off the premium required by insurers. How would you respond to comply with RIBO Regulations? OA) You can only allow a five percent (5%) discount because of your overhead and expenses. OB) You will pay the builder a flat $10.00 fee for each house, but it is contrary to RIBO Regulations to discount the premium. OC) You refuse to pay the builder anything, since it would contravene RIBO Regulations. OD) You offer the builder a 20% premium refund for those houses that have no claims while under construction.
- 27. Vicarious liability refers to a situation where: the employer is held legally responsible for actions of its employees the employer serves alcohol at company-sponsored events the onus is on the employer to prove it was not negligent none of the abovePacific Southern Airlines (PSA) had an unhappy customer. Cynthia Mercier-Walters flew from Philadelphia, Pennsylvania, to Phoenix, Arizona. The flight stopped briefly at Hartsfield-Jackson Atlanta International Airport, where she got off the plane for half an hour. When she returned to her seat, her $400 prescription reading glasses were gone. She asked the flight attendant where the glasses were, and the attendant said they probably were thrown away since the cleaning crew had come in with big bags and tossed everything in them. Ms. Mercier-Walters tried to locate the glasses through the airline’s lost-and-found service, but she failed. Then she wrote a strong letter to the airline demanding reimbursement for the loss. She felt that it was obvious that she was returning to her seat. The airline, however, knows that an overwhelming number of passengers arriving at hubs switch planes for their connecting flights. The airline does not know who is returning. What’s more, flight attendants…Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton’s documents, notes that Carlton’s truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
- Judy, a citizen of New Jersey, was crossing a street in Memphis, Tennessee when a car driven by Ms. Wall, a citizen of Texas, struck her. Ms. Wall's employer, an Oregon corporation that has it principal place of business in Jersey City, New Jersey, owned the car. Judy sues both Ms. Wall and the corporation in the federal district court in Tennessee. Judy's complaint alleges damages in the amount of $150,000. Does this court have jurisdiction? Why or why not?88. when may an agent in Florida write controlled business If writing an amount of similar business equal to or greater than If writing an amount of similar business of at least twice the amount of controlled business If accepting no commissions on the controlled business If not advertising to the general public as an insurance agent4. Get well Company carried out advertisements about their product in India in February, 2020 to provide safety from a pandemic. They claimed that any person who took the right dosage of medicine in the prescribed manner (i.e., two times daily for one month) will not catch flu. In case someone does, the company promised to pay a compensation of $ 25 to them immediately. To show their sincerity regarding this offer, the company deposited a sum of $ 500 in a public bank. Raja bought the medicine and used it as prescribed in the advertisement, but still ended up catching the flu. He approached the company for recovery of the amount promised in the advertisement. The company denied the payment. Which topic has been covered in this scenario?
- pls help asapKSR designs and manufactures auto parts and sells them to auto manufacturers (not consumers). KSR developed a pedal device for Ford vehicles and also received a patent on the pedal device. KSR also sold products to General Motors (GM), and, in order to make the pedal device compatible for GM cars, KSR added an electronic throttle control to the pedal device. Teleflex claimed to have a patent for the pedal device that could be connected to such a throttle and, therefore, sued KSR for patent infringement. KSR defended on the basis that the device produced for GM was simply a combination of two existing products and was not patentable.how does the law currently define "undue hardship" with regards to religious accommodation? Is this determination based solely on the business' cost associated with the accommodation?