Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 12, Problem 12CP
Summary Introduction

To determine: Whether person T’s promise enforceable.

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Sanderson drives a delivery truck for Jim’s Wholesale Foods. As Sanderson is on his way to a local delivery, he rear-ends Sarah’s car. Sanderson immediately gets out of the delivery truck to assist Sarah. Sanderson tells Sarah that he did not intend to hit her and that he is very sorry. Sarah’s car is totaled, and Sarah is taken to the hospital with extensive injuries. Once Sarah is discharged from the hospital, she visits an attorney to discuss her options. Sarah’s attorney advises her that she can sue:   a) Jim’s Wholesale Foods only. b) no one, because the accident was not intentional. c) both Sanderson and Jim’s Wholesale Foods.
The Brineys (defendants) owned a large farm on which was located an abandoned farmhouse. For a ten-year period the house had been the subject of several trespassings and housebreakings. In an attempt to stop the intrusions, Briney boarded up the windows and doors and posted “no trespassing” signs. After one break-in, however, Briney set a spring gun in a bedroom. It was placed over the bedroom window so that the gun could not be seen from outside, and no warning of its presence was posted. The gun was set to hit an intruder in the legs. Briney loaded the gun with a live shell, but he claimed that he did not intend to injure anyone. Katko (plaintiff) and a friend, McDonough, had broken into the abandoned farmhouse on an earlier occasion to steal old bottles and fruit jars for their antique collection. They returned for a second time after the spring gun had been set, and Katko was seriously wounded in the leg when the gun discharged as he entered the bedroom. He then brought action for…
An intruder entered through a window and raped McCutchen in her apartment.  MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window.  Ten Associates claimed that they had no way of anticipating an intruder.  Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows.  Does it appear that Ten Associates was negligent in providing for the security of tenants?
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