Answered: What is a major difference between…

Understanding Business

12th Edition

ISBN:9781259929434

Author:William Nickels

Publisher:William Nickels

Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment

Section: Chapter Questions

Problem 1CE

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Case: Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln Health Center Facts: Brenda Brandt was admitted to Bush Lincoln Health Center for treatment of urinary incontinence. She had a surgical procedure in which a sling was implanted. The manufacturer, Boston Scientific, recalled the item. Brenda had to have the sling surgically removed. She sued the manufacturer and the designer. In this case, Brandt’s bill from the Health Center reflects that of the $11,174.50 total charge for her surgery. $1,659.50, or 14.9%, was for the sling and its surgical kit. What provision of the UCC did the plaintiff sue under? What was the reasoning and decision of the court hearing the case
Please list and describe the 3 types of torts.
The bulk carrier Evita was sailing westwards on the Norwegian Western coast on a voyage from Trondheim to Hamburg. 1. May 11.00 AM 2021, when passing Stavanger, she hit a reef and water started to ingress into a cargo tank. Furthermore, bunkers (fuel) started leaking from one of the fuel tanks.Evita had P & I Insurance and Hull insurance with Gard and Loss of Hire Insurance (LoH) with Norwegian Hull Club (NHC). The Hull insurance and the LoH insurances were based on the plan on the following terms:- Hull: Insurable value: USD 30 million, Sum of insurance: USD 30 million, Deductible: USD USD 30.000- LoH: Number of deductible days: 10. Number of days covered per causality: 80. Total number of days covered for the insurance period: 90.The master notified the Owners, Gard and NHC and assistance from a local towage and salvage firm was retained to assist. Furthermore, the pollution authorities were notified as the wind was strong and the bunkers oil leakage was spreading over a wide…
Identify 5 different acts that take place in The Firm (book or film) that are both torts and crimes. Fully explain the tort and crime (including the elements of each) and apply it to the act in the film by way of explanation. In addition, explain how the wrongdoers were brought to justice at the end of the film.
Explain the term ‘strict liability tort’, providing an illustrative example. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).
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?
Is there any similarities in the compensatory aims of contract and tort?
Discuss the concept of strict liability. Should this be applicable to businesses in product liability cases? Is this fair? What if a business is extremely cautious and yet a person is injured by the product? Why would it make sense to hold the business (who was not negligent) liable?
Briefly explain the SEVEN (7) moral obligation of a whistle blower.
Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?
Discuss, In arbitration, what is the standard of proof in a discharge case?
Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.

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What is a major difference between liability in contract and liability in tort, give an example.