Randi buys a toaster. The next morning, when Randi uses it to toast a bagel, the toaster explodes and injures Randi. Who is liable? a. No one b. The seller only C. The seller and manufacturer d. The manufacturer only
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Who is liable?
No one
b. The seller only
C. The seller and manufacturer
d. The manufacturer only
a."
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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?under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?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.
- 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. 1. X, Y, and Z, co-owners, sold a inverter air-condition unit to A. They solidarity bound themselves to deliver the aircon unit in March 30. Through the fault of Y, the aircon unit was completely destroyed . Give the rights and obligations of the parties. B. 1. Joe, Nicolas, and Dante obliged themselves jointly to deliver to Ricky a particular racing horse on April 1. Their agreement which was made known to Ricky is that they will contribute the amount in buying the particular horse. However, the horse was not delivered on the date due because of failure of Nicolas to give his share of the purchase price. State the rights and obligations of the parties. 2. Dindo binds himself to pay his P20,000 loan in four (4) equal monthly installments. Is the obligation of Dindo divisible or indivisible? C. 1. Jaevis promised to deliver to Kyle a breeding cow. Their contract contains a penal clause that in the case of non-fulfillment, Jaevis Shall pay a penalty of P10,000. Jaevis wants to juts…Under a Commercial General Liability policy, which of the following actions is an obligation of the insurer? OA. To inspect the insured premises for safety OB. To renew the policy period from the date of loss OC. To pay claims only when there has been a judgment against the insured To pay a daim for which the insured has been found legally responsible OD
- Michael built a calculator (which graphs) using plans Michael found posted on the internet, but he unreasonably didn’t follow the plans when he constructed the calculator. Michael then sold the calculator to Jack who was injured when the calculator exploded because it hadn’t been built according to the plans. After the explosion Jack was taken to the Hospital emergency room (“ER”) where he signed a consent form authorizing Dr. Joe, the ER doctor, to perform a surgical procedure called Surgery X. But, instead Dr. Joe performed Surgery Y, a different procedure than Surgery X. A. What cause(s) of action should Jack use if he sues Michael for Jack’s injuries. Discuss. B. Has Joe, the ER doctor, committed any intentional torts? If so, discuss.Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVEhelp
- 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.Which of the following actos covered under a Personal Auks poley WOU al or of INGICE WREST OA An auto that is covered by a pelle se tare si se to see the interesting them on occident An auto that is inoked in an accidentting in damage that esessed the state accident repeating threshold An auto that is insured by a company which at the time of an accidente delaying syment of another com under the poly An auto whose owner has het teda proof of thancial responsibility after an accidentWhile on vacation in Ontario, your insured's automobile is broken into. The factory-installed AM/FM radio worth $500 is forcibly removed from the dashboard and a camera, valued at $400 is taken from the locked glove compartment. The thief also causes $400 damage to the automobile. The insured has O.A.P. 1 Owner's Policy with $500 deductible Comprehensive coverage. What would the automobile insurer pay in total? OA) $400.00 OB) $900.00 OC) $500.00 OD) $800.00