State whether each of the following situations is an express or an implied contract: a) Joe boards a bus. Two stops later the conductor comes to Joe to collect his fare. b) George fills his car at the petrol station. George then goes inside to pay for the petrol. c) Anne loses her licence for speeding. She offers the car to Fred for $3,000 as she won’t need it for some time. Fred agrees to buy the car. d) Jack employs Anne to mow his lawns for $45
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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?16. Why are restrictive covenant clauses controversial? They are controversial because they allow people to create contract terms that restrict their future right to alter those same contracts They are controversial because they allow people to create contract terms below the otherwise legislated minimum standards of work They are controversial because they seem to pit two legitimate interest against each other: the right of trade against the right of contractQuestion 1 Wk06.Contract.The Jersey #1. Dowodu was a football player with a national football team named the “Tornadoes”. He had a successful career with that team for 3 years and had been assigned the jersey number 32. He was then hired by another team, the Panthers. Dowodu wanted to keep his jersey number 32 but it was being used on the Panther’s line up by player Sitro. On May 15, 20xx Dowodu and Sitro signed a document as follows: “This document is being drawn on May 15, 20xx to verify the agreement between Dowodu and Sitro for the sale of Sitro’s jersey number in exchange for monetary compensation of $40,000 to be paid as follows: $20,000 immediately, $10,000 to be paid by Week 8 of the NFL season, and $10,000 by Christmas Day of 20xx.” mc012-1.jpg Both signed and the Pantherâs manager had no objection to the arrangement and Dowodu was given jersey #32, Sitro was assigned jersey #38. The first installment was paid immediately…
- Buyer Bert can't believe that Seller Sam has had a last-second change of heart about entering into an agreement to sell his home to Bert. Sam has offered to refund Bert's earnest money and even pay him something in acknowledgment of Bert's inconvenience and disappointment, but Bert's not having it. He wants Sam's house. Choose the remedy for breach of trust that Bert will most likely take. demand specific performance initiate rescission accept compensatory damages settle for liquidated damagesA 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.John Beck was injured at the Drive-Thru at Taco Bell when an impatient driver behind him fired his gun at John’s car. When would Taco Bell be liable for John’s injuries? a. Taco Bell would be liable if John was negligent. b. Taco Bell is always liable for John’s injuries because he is an invitee. c. Taco Bell could never be liable for John’s injuries. d. Taco Bell would be liable if the firing of the shot was foreseeable.
- DigiTech Corporation pays its employees every two weeks. Eve gets her paycheck, indorses the back (“Eve Anderson”), and, on her lunch hour, goes to cash it at DigiTech’s bank, First State Bank. On the street, in a crowd, she loses the check. Greg Smith finds it. Has the check been negotiated to Greg? Greg signs the back of the check beneath Eve’s signature and cashes it. What might Eve have done to avoid this loss?:Unsolicited Merchandise: Are there certain circumstances in which a person receiving unsolicited merchandise should be required to return the merchandise to the sender if he or she does not wish to purchase it? What are some of the reasons that the federal government might wish to make no exceptions to the rule freeing consumers of any liability for failing to return unsolicited merchandise?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 above
- Pacific 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…Steve was hired to paint the outside of Denise's house for a price of $1500. Steve showed up everyday to paint and the job was completed in about three weeks. He told Denise he would come- to pick up his payment on Thursday. On Wednesday, Denise me py noticed that one of the spots on the back of the house needed to re-done because it looked messy. When Steve asked for payment Denise refused to pay him anything telling him that he did a messy job and he would have to sue her. Steve is entitled to payment under a theory of subjective contracts. Denise will win because Steve breached the contract. Steve is entitled to payment under a theory of substantial performance. Denise will win and not have to pay anything.Which of the following sections of an insurance contract limits coverage? A Waiver of Premian OB OC OD. Conditions Exclusions Declarations