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Introduction law of contract
Introduction law of contract
Rules of the law of tort
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The legal issue about Gary’s laptop computer is overheating and damage sofa involves a civil case for law of tort. According to law of tort, ‘the civil wrongdoer liable to pay damages to victims and it concerns with claims for property damage or personal injuries directly arising out of breaches of a duty of care owed by one individual to another.’ Also, ‘Tort law provides compensation for injury to the person or property causing pure economic loss and for injury to reputation or fame’.
Besides, the legal issue about the seller had sold defective goods to Gary violated commercial law in sales of goods law. According to commercial law, ‘it concerns with agency sales, sale of goods, negotiable instruments and other matters relating
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But he discovered that the laptop computer had overheated and caught fire, the sofa with value HK$5,000 that was placed next to the laptop computer was also damaged in the next Sunday morning. As the overheat laptop computer and damage sofa cause a property damage or personal injuries to Gary Au, so that Gary Au is a civil consumer can claim case for Law of Tort, ‘obtain a court order enjoining or restraining’ Laptop Ltd and claim for the compensation of his loss.
In Commercial Law in Sales of goods law, the seller had sold defective goods to Gary and the goods are not of merchantable quality. Also, the processors overheat very easily and pose a fire risk but Laptop Ltd still incorporates the processors into their laptop PCs and sell them to the public through the company’s series of retail shops so as to cause Gary’s loss. Therefore, the seller of Laptop Ltd has violated Commercial Law in Sales of goods law. In Law of Tort, the seller is liable to pay damages and economic loss to Gary
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According to criminal law, ‘it regulates individuals conduct by imposing punishment on those committing illegal acts or omissions’. ‘Its remedies or punishment are usually a fine, compensation, a term of imprisonment or other criminal penalties’.
The legal nature about Ben drove at high speed that cause a car accident by damaged the car of HighTech Motors Ltd and let Janet suffered multiple fractures to her legs violated Law of Tort in a civil case. According to Law of Tort, ‘the civil wrongdoer liable to pay damages to victims and it concerns with claims for property damage or personal injuries directly arising out of breaches of a duty of care owed by one individual to another.’ Also, ‘Tort law provides compensation for injury to the person or property causing pure economic loss and for injury to reputation or fame’.
The legal nature about Ben breach company policy that prohibiting staffs from carrying passengers in company vehicles violated Law of Contract in a civil case. According to Law of Contract, ‘it deals with promises or agreements, once a valid contract fail to perform the contractual obligations, or defective performance, constitutes a breach of contract for which legal action can be
Friganim Importing Co. v. B.N.S. International Sales Corp. Facts: Friganim Importing Company sued B.N.S. claiming that B.N.S. breached warranties in two contracts that they had entered into. In the first of the two contracts, Frigalimnet had agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract consisted of 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. (smaller chickens where priced slightly higher in this contract than the first agreement)
Walker, Takem’s has the statutory law of contracts in his favor. In a contract, the seller and the purchaser have certain rights and obligations. Four basics must be met for a contract to be created (Chrisman, 2014). First, the offer has to be made. In the case at hand, the door-to-door salesperson made an offer of a computer to Ms. Walker. Second, the consideration has to be accepted. Ms. Walker accepted the offer to purchase a computer. The third step is capacity. The purchaser must be legally capable of entering into a contract; minors and the mentally incompetent are excluded in this case. Takem’s has given Ms. Walker the computer in exchange for her payments on her store account. Finally, the intention to enter into a contract has to be present. Ms. Walker signed a bill of sale, a security agreement, and a negotiable promissory note- which is an unconditional promise to pay a certain sum of money at a certain time in the future. Though Takem’s has the advantage to combat her claims, Tommy needs to ensure that his salespeople have not made any false statements or misrepresentations to Ms. Walker as this could have legal implications for the store and against the contract (Vaccaro, 1987). Ms. Walker is legally bound by the contract she agreed to in exchange for the computer; however if there has been any misrepresentations or false statements Ms. Walker may be able, with legal assistance, to call the contract into question
Were the items specially manufactured goods? Is the defendant to blame since the items cannot be sold at any other location? Is the verbal agreement for the sale of goods more than $500 enforceable?
...useless car to a junk yard to recover some loss, but the difference of the re-sale of the junk-car would be a significant loss. Though there were no adequate assurances to the contract, anticipatory repudiation is the only probable remedy for Jack. However, the outcome would weigh on the predominant factor test, which is met because Tom is covered as a merchant because he is operating in his usual daily business, and Jack is the buyer. The sole purpose of the contract was for Tom to sell Jack a car, and for Jack to buy a car from Tom. The UCC, though less stringent than the statute of frauds, does effectively regulate commercial transfers allowing the free market to operate without diminishing the integrity of trade.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
A Chinese toy manufacturer known as Fan Li approached Tegan to distribute its accessories for its Chinese made products in Europe in the May of 2007. According to the case, it was specified that Tegan’s traditional products had generally been £50 whereas Fan Li’s accessories were priced below £5. As their order’s size decreased, the growth of direct sales to consumers had increased their number of transactions. But it was a threat as Fan Li’s project provided a boost to the sales as tegan said agreed for Fan Li’s agreement. To get the appropriate outputs, Tegan’s account payables played a major role where tegan received discounts on most of its payables in prior payments as per the agreement.
John and Robert are enjoying their first ride in Johns new Miata Convertible with the top down. While the sun is now out. It has just rained, there are still puddles on the road and John is driving much too fast. John loses control of the car on the sharp curve and skids. Robert not wearing his seatbelt, is thrown out from the vehicle and is injured. John, belted in, had gained control of the car and has no injuries. His car is undamaged. Is John liable for damage claim for damage claim from Robert who was not wearing a seatbelt?
The theories in which I base my decision on are res ipsa loquitor and negligence per se. Res ipsa loquitor means that “it creates a presumption that the defendant was negligent because he or she was in exclusive control of the situation and that the plaintiff would not have suffered an Injury”. Negligence per se means “an act of the defendant that violates a statute regulation or ordinance can be used to establish a breach of the duty of due care” (Mayer et al,. 2014, p. 163). Therefore, the injuries of the Prius driver and the people at the train station, I believe that George is at fault of negligence, because of negligence, carelessness and is foreseeable. Now as for the sparks from the wiring caught that lead to the other chain of events. I feel that George should not be held accountable for negligence, because it was unforeseeable. He could not prevent that it can cause a barn to explode and setting forth a series of
Since the elements were met to satisfy an actual contract being made, with promises albeit moral and legal, the behavior in which Johnny executed warrants a breach of contract on his part. Also to note is Johnny is not a merchant under the Uniform Commercial Code (UCC), which defines a merchant as “a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction” (American Business Law Journal, 1970). Had Mark been identified as a merchant, he would have been held to a different set of rules and Johnny would have been protected, but Mark is a casual seller and not held to a higher standard of
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held that the firm was acting as a consumer and that to buy in the course of a business 'the buying of cars must form at the very least an integral part of the buyer's business or a necessary incidental thereto'. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A
If done right, the sale of refurbished computers have the potential to become a very profitable undergoing for manufacturers. Companies have to pay attention to customers’ needs and have to tailor their product range and offered services to the demand. While many consumers prefer to purchase new products, there is a significant market for refurbished products as well. Descy (2007) states that “according to the National Safety Council, 63 million computers became obsolete in 2005 alone”. If these computers were to be rebuilt by the manufacturers and redistributed across the globe, electronic waste in landfills could be reduced and companies could make a second profit off of these products. Of course, as Kristen (1999) outlines, consumer participation is needed as many of these old devices are either kept in storage spaces or are simply thrown in the garbage instead of returned to the manufacturers. As Yeh (2005) outlines, consumers look for “post-sale remedies” after purchasing a product. The better the exchange, repair and service arrangements are for a product, the more likely consumers are to take a chance with a refurbished product. Corbitt (1997) mentions in his article the importance of data protection. It is suggested that next to a comprehensive warranty, data stored on computers has to be protected. Companies could offer cloud storage for consumers who purchase refurbished computers so in case the equipment does fail, the data will n...