Mateo is the general partner in Professional Experts Limited Liability Limited Partnership. There are three other partners In the course of his business, Mateo drives a car negligently and causes injury to one person. In this case, who will be liable for the damages? Multiple Choice
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- William Carlton was the sole shareholder in ten New York City corporations, including Seon Cab Corporation. Each corporation owned two taxicabs, and each cab was covered by the minimum $10,000.00 automobile liability insurance required under New York State law. A taxicab owned by Seon Cab Corporation struck and severely injured John Walkovsky, who sued for damages. Walkovsky named all ten corporations, Carlton individually, as well as the individual driving the cab that hit him, as defendants. The plaintiff alleged that the corporations, although seemingly independent of one another, operate as a single entity, unit and enterprise with regard to financing, supplies, repairs, employees, and garaging. The plaintiff asserted that the multiple corporate structure constituted an unlawful attempt to defraud members of the general public who might be injured by the cabs. He sought to hold Carlton, the sole shareholder of each corporation, personally liable for his injuries. 1. Is there…Jane is an attorney licensed to practice law in California. She performs legal services for John pursuant to a written fee agreement. John fails to pay Jane the balance due Jane for her services. Jane files a lawsuit against John in which she seeks, as plaintiff, to recover the $9,000 she believes John owes her. John retains a lawyer, Waldo, to represent him and pays Waldo $3,000 for his services in defending John against Jane's suit. Six months after filing the suit and getting nowhere in negotiations with Waldo, she calls John directly to try to negotiate a settlement. Jane has now violated a rule of professional conduct because she is not allowed to contact a party who is represented by an attorney, and John is represented by Attorney Waldo. violated a rule of professional conduct because she charged a fee of greater than $1,000 and did not have a written agreement with the client. O not violated any rule of professional conduct based on the facts given. O both a. and b. are…Alden had her car radiator repaired by Smokey Garage for $125. She was not happy with the results and decided to sue the garage owner to get her money back. In what court would her case most likely be heard? Why?
- Pablo, a resident of New Mexico, while driving through Arizona, was struck by an SUV driven by Derek, a resident of California. Derek was speeding when the accident happened, and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. What type of case is this?Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…13-2. Undue Influence. Juan is an elderly man who lives with his nephew, Samuel. Juan is totally dependent on Samuel's support. Samuel tells Juan that unless he transfers a tract of land he owns to Samuel for a price 35 percent below its market value, Samuel will no longer support and take care of him. Juan enters into the contract. Discuss fully whether Juan can set aside this contract. (See Voluntary
- Zoey and Drew enter into a contract that requires Drew to supply ten paintings per month to Zoey for her to sell in her art store. In March, Drew gives Zoey five paintings. As a result, Zoey has a substantial loss in profits. Zoey can sue Drew and receive reimbursement for the loss of her profits as a. compensatory damages. b. consequential damages. c. punitive damages. d. restitution.David hires Nell to auction off his grandmother's house and it's contents. Nell hires an auctioneer, rents a tent, advertises and does everything necessary to conduct a successful auction. When the auction is over, David refuses to pay for the auctioneer and advertisting expenses, claiming he never specifically authorized Nell to incur those expenses on his behalf. In her defense, Nell can claim that David gave her: 1) Apparent Authority. 2) Moral Authority. 3) Implied Authority. 4) Express Authority.Pattie purchases a couch from Good Stuff, Inc., to use in her home. She pays for the couch, and Good Stuff agrees to deliver it. Unfortunately, on the way to her house, the delivery truck overheats and burns, destroying the truck and the couch inside. Pattie asks for a refund or another couch. Good Stuff’s owner refuses. If Pattie decides to sue Good Stuff, which party is likely to prevail? Explain. (In your answer, be sure to identify and discuss which law(s) might apply and how that could affect the outcome.)
- Vinson had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally, Vinson's wife, Bethany, had enough of Vinson's gambling. Bethany entered into a written contract with Hyacinth, a gambling addiction therapist who agreed to treat Vinson twice a week for six months. The contract is signed in writing (by the contract parties. Bethany and Hyacinth; and, of course, also by the patient, Vinson). Vinson then begins his counseling. However, after two months. Bethany sees no improvement in Vinson's behavior. After all, her debit cards just got declined at the store, and when she confronted Vinson, he simply stated, "I lost $1,000 on the Miami Marlins last night." Bethany decides she is going to breach the contract, that is, to stop paying Hyacinth. What would a court most likely find, if Hyacinth sues Bethany to enforce the contract and make Bethany pay for the breach? O UCC Article 2…Randi buys a toaster. The next morning, when Randi uses it to toast a bagel, the toaster explodes and injures Randi. Who is liable? No one b. The seller only C. The seller and manufacturer d. The manufacturer only a.Identify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.