Sherman is a delivery person for Ashley Furniture. One day, after delivering a chair he stopped at a fast-food restaurant to get a sandwich at the drive-through window. As he was leaving the parking lot, he accidentally hit the rear of Stan's car.
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- 1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, âBerry Good,â for its berry crop. The total price of the order was $15,000. Happy Farms paid $5,000 up front and promised to pay the balance upon delivery. JA changed the order to a newer product âVery Berry Goodâ without notice to or consents from Happy Farms. Upon delivery, the head farmer at Happy Farms, Allison Kagan, noted that the product was not the same as she ordered. Later that afternoon, Kagan notified JA that the pesticide was not what she had ordered and refused to pay the balance on the shipment. Happy Farms held the boxes of pesticide, but, to date, JA has not retrieved them. What are JAâs legal options in this situation? 2. Martin Rupe worked as the manager of one of JAâs retail outlets. A customer came in and offered to buy all remaining âBerry Goodâ pesticide for…At approximately 4:00 A.M. on July 14, 2000, a woman wearing a mask and pointing a firearm demanded that 7-Eleven employees at a store in Berkeley County, West Virginia, give her the store’s money. Antonio Feliciano was working that morning as a sales clerk. While other employees emptied the cash register and the woman was focused on them, Feliciano grabbed and disarmed her. He continued to restrain the would-be robber until local law enforcement authorities arrived on the scene and apprehended her. No one was physically injured in the incident. Nevertheless, shortly thereafter, 7-Eleven terminated Feliciano’s at-will employment. 7-Eleven explained to Feliciano that he was being fired because he violated a company policy that prohibits employees from subduing a robber or otherwise interfering with a store robbery. Feliciano subsequently filed a lawsuit against 7-Eleven alleging that he had been wrongfully discharged in contravention of the West Virginia public policy favoring an…Jose purchased a second-hand riding lawnmower from the manufacturer, ABC Inc. Before using the mower, Jose opened the hood to fill up the gas tank. He took off the cap and placed it on the tank. He started to pour in the gas. He had to stop to get the cap when it rolled off the tank. He again placed in the hood and continue to pour the gas into the tank. The cap again rolled away and, this time, it hit the battery and caused a spark that ignited the gasoline fumes. As the fire started, he dropped off the gasoline container that he was holding on and spilled the gas which resulted in a blazing fire that destroyed his garage and home. ABC Ltd. is aware of the problem since there were several incidents and lawsuits. To address this problem, ABC Inc. manufactured a battery-covered and provide a safety kit to its customers. Jose was not aware of this issue nor receive a copy of a safety kit. Does ABC Inc owe a duty of care? Is the duty of care foreseeable? Does ABC Inc solution meet the…
- Nelson 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 IssueAnswer pleaseMary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…
- A transit officer sees a 2-year-old child walking along the edge of a train station by herself. The officer realizes that it looks strange and dangerous that she is walking very close to the edge. While the child is standing next to the officer she prepares to jump onto the tracks. The officer could have could have grabbed her and pulled her back onto the platform, but he chose not to do so. Unfortunately, the child gets hit by a train and dies. The parents, were nearby and didn’t notice that their child walked away from them, sue the officer and the city for damages. What is the probable outcome of their suit? What if it wasn’t an officer but just another rider on the subway?Arvo Lake, a retired 71-year-old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.Was Lake's death a foreseeable consequence of the air conditioner's failure to operate properly?which of the following is considered an Unfair Trade Practice under Florida law? A) Abandonment B) Coercion C) Consequential Damage D) Waiver
- Can you please help me answer this?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.)An employer under the union contract has the right to demand a back to work slip from a doctor to allow an employee back to work after three days absence. The employee brings a slip from his doctor dated the morning before his return to work saying, “This employee is physically able to return to work. Discuss whether the employee has met his obligation.