The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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Chapter 24, Problem 2BS
Summary Introduction
Case s ummary : The person M received two credit cards from two companies’ MD and HF. The credit card from MD was solicited, whereas the credit card from HF came unsolicited. M made several payments from the credit card of MD but did not make any payment from the credit card of HF. The person B stole both the credit cards of M and made various payments from both the cards. M notified MD about the theft of its credit card but didn’t notify the same to HF. M received the bill for payments made from the credit card of HF but refused to pay the same.
To find: M’s liability for the charges.
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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…
Before going on a business trip, Gina leaves the key to her apartment with Henri. She checks her suitcase at the airport,
and boards the plane. A bailment is created when Gina
all of the choices.
checks her suitcase.
O boards the plane.
O delivers the key to Henri.
Darren goes to a monster truck rally. Before going to the rally, he does not read the back of his ticket, which states "Monster truck rallies are extremely loud and noisy. Ear protection is highly recommended. By purchasing this ticket, the bearer of the ticket has expressly assumed any and all risk of ear injury associated with attending this event." Darren, not having read the back of the ticket, does not bring earplugs or other protective ear equipment to the rally. After the rally, he has constant ringing in his ears and cannot clearly hear people talk to him. Did Darren expressly assume the risk of ear injury? What about impliedly? Why or why not?
Chapter 24 Solutions
The Legal Environment of Business: Text and Cases
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