Smith and Roberson's Business Law
16th Edition
ISBN: 9781285428253
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 3, Problem 8CP
Summary Introduction
Given situation:
Person MD has worked as a knitwear mender and attended a beauticians’ college. Due to incident in her apartment her big toe is fractured, because of this reason she was compelled to abandon her plans as a beautician. She believed that, the incident happened due to negligence of Company HW.
She bought the suit in district federal court by claiming damages of $25,000. Late on Company HW dismissed the case on the grounds that Person D’s argument short of the $10,000 legal requirement and that the federal court lost jurisdiction over its claim.
To discuss: Judgement for Person MD.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solutionStudents have asked these similar questions
Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made “as is” and the truck was a used truck. Were these defenses valid?
John Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…
A woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet after rain. The defendant argued that it wasn’t responsible for the slippery condition of the floor, and that it owed no general duty of care in negligence. As it had mopped the floor to minimise danger to customers, there was no unusual danger that would give rise to a strict liability on the occupier.
How do you think a court might assess the defendant’s claim of no liability?
Chapter 3 Solutions
Smith and Roberson's Business Law
Knowledge Booster
Similar questions
- Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that: A. Rebekah is not liable if someone else was witnessed planting the marijuana B. Rebekah is not liable because she had no illegal intent C. Rebekah is liable only if she was found to be negligent in not recognizing the marijuana D. Rebekah is liable even though she had no illegal intentarrow_forwardMona's insurer wrote to inform her it was making changes to her health insurance policy( one month before the changes came into force). The changes included new conditions and limits for a skin surgery benefit. Mona made a complaint about the change in the policy, because the new limit would mean Mona wouldn't be able to obtain skin surgery with her regular doctor. Mona said the insurer should not be allowed to reduce her policy benefits and she made a claim to cover her new skin surgery. Required: Determine whether she can claim the hospital expenses under the new insurance policy? And justify your answer with reasonable justifications?arrow_forwardWhat legal duty, if any, does the physician owe the person? Please explain in detail. Assuming that the physician has a legal duty towards the person, did the physician breach that legal duty? Please explain in detail. Assume that the physician knew that they were infected with a communicable disease and purposefully performed the CPR, although others at the scene could have performed it; what intentional tort(s), if any, has the physician committed against the person? List the tort(s.) What possible defense(s) does the physician have against a tort action by the person.arrow_forward
- At Whirlpool’s manufacturing plant in Ohio, overhead conveyors transported household appliance components throughout the plant. A wire mesh screen was positioned below the conveyors to catch falling components and debris. Maintenance employees frequently had to stand on the screens to clean them. Whirlpool began installing heavier wire because several employees had fallen partly through the old screens, and one had fallen completely through to the plant floor. At this time, the company warned workers to walk only on the frames beneath the wire but not on the wire itself. Before the heavier wire had been completely installed, a worker fell to his death through the old screen. A short time after this incident, Deemer and Cornwell, two plant employees, met with the plant safety director to discuss the mesh, to voice their concerns, and to obtain the name, address, and telephone number of the local Occupational Safety and Health Administration representative. The next day, the two…arrow_forwardFreddie is driving his motorcycle in a state in which helmet use is required by statute. Freddie is not wearing his helmet because it flattens his hair and he thinks he looks sexier without it. As Freddie is driving down the highway, a car driven by Renee pulls out directly in front of Freddie. Freddie runs into Renee's car and receives severe head injuries. Freddie sues Renee. What defenses, if any, can Renee assert?arrow_forwardLucy 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.arrow_forward
- Explain the concept of vicarious liability in business law and provide an example of a situation where an employer could be held responsible for the actions of their employee.arrow_forwardBrenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…arrow_forwardConsider the given situation: David was walking through a subway station that was highly crowded. He took out his handgun and fired it randomly because he liked the sound made by the firing. Even though David has no intent to shot anyone in the crowd, the shot fired by him injured Susan. David will be held liable for which type of tort? a) Negligence b) Strict liability c) Intentional tort d) Recklessness Answer Submit O O O Oarrow_forward
- Paula Plaintiff owns Paula’s Boutique, one of the most popular stores in town. William Wicked owns the store next to Paula’s Boutique. William has been jealous of Paula’s success. William, in an effort to increase his own business, begins to tell his customers that Paula is dishonest and unethical. William even puts a sign in his front window warning potential customers not to shop at Paula’s Boutique because of her deceitful and unethical practices. Paula is upset when she finds out what William has been doing. Paula has always been honest and ethical with her customers and now her business is suffering because of William’s dishonesty. Paula decides that something must be done about this situation. What advice would you give Paula? Discuss the possible tort claim Paula might have against William. Be sure to include the elements of the tort and relate those elements to the scenario. If Paula decides to pursue a claim against William, should she consider a lawsuit, mediation, or…arrow_forwardAnnalise suffers from a mental illness but is nonetheless capable of working for the Office of Child Support in Wayne County. She was fired from her job when it was learned that she had misappropriated approximately $2,000 in state funds. Annalise filed a complaint with her union, claiming the DNR violated a state law against discriminating against someone because they suffer from a mental illness. The case went to arbitration, and the arbitrator concluded that Annalise had been dismissed without "just cause," because her acts were caused by her mental illness and were not “within her capacity to control." The county appealed the decision to a court. How should the court rule? a. The Court should reverse the arbitrator’s decision because the County’s dismissal of Annalise was not to discriminate against the mentally ill but because she knowingly misappropriated County money. b. The Court should void the arbitration agreement (meaning that the agreement is not…arrow_forwardJason Lasseigne, a Little League baseball player, was seriously injured at a practice session when he was struck on the head by a poorly thrown baseball from a team member, Todd Landry. The league was organized by American Legion Post 38. Claude Cassel and Billy Johnson were the volunteer coaches of the practice session. The Lasseignes brought suit on behalf of Jason against Post 38, claiming that the coaching was negligent and that Post 38 was vicari- ously liable for the harm caused by such negligence. Post 38 contended that it had no right to control the work of the volunteer coaches or the manner in which practices were conducted and as a result should not be held vicariously liable for the actions of the coaches. Decide. Please answer is the IRAC format Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis:…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON