LAW 531 Week 1 Knowledge Check

Husband and wife, Gary and Renna Pehle were infected with HIV at the time they applied for life insurance with Farm Bureau Life Insurance Company. The couple did not know they were infected with HIV at the time. The insurance company ran blood tests from the Pehles. The Pehles then signed a contract form which was given to them by a Farm Bureau agent. A nurse from Farm Bureau watched as the Pehles signed the contract. Blood samples were sent to a third-party laboratory called LabOne. Farm Bureau then sent a notice to the Pehles rejecting them from their life insurance policy, which advised the couple that if they wished to have their application reviewed to contact their physician. The Pehles did not take any action in doing so. Two years past and Renna Pehle is confirmed to have AIDS. The Pehles then sues Farm Bureau, LabOne, and LabOne’s medical director Dr. J. Alexander Lowden for negligence, for failing to tell them they were HIV-positive.

Certain criteria should be considered when looking at a negligence case. Questions to be asked are; did the defendant owe a duty of care to the plaintiff? Did the defendant breach that duty? Did the plaintiff suffer a recognizable injury? Did the defendant’s breach cause the plaintiff’s injury (p.114, Miller)? The answer to all of these questions is yes when looking at this particular case. The defendant had a duty to report the chromium leaks to the people it could have affected. A breach of that duty occurred when the plaintiffs were not informed of the chemical in their water supply. The plaintiffs then suffered multiple injuries of various degrees because they were not informed of the chemical in their water. Because PG&E did not inform the people in the area, these injuries did occur.

To sum up, based on the law of negligence, the issues and precedents, Rebecca could win this case by legal process. Because the defendant ‘Zorba’s’ Restaurant owns a duty of care to Rebecca, the restaurant has breached that duty of care;

Luke is an employee of ABC Company. He has been assigned to a construction of an adult entertainment retail store within a neighborhood his brother, Owen, lives in. The development of the retail store has not been made public yet and will be announced one month from today. This announcement will decrease the property values of the surrounding areas significantly. Owen is trying to sell his house. He told Luke that he recently received an ‘okay’ offer. However, in hopes that a better offer might be present itself in a few years after the real estate market improve, he has not taken the offer yet. Luke is very close to his brother, which makes him concerned about his confidentiality obligation to ABC Company.

 (b)   If Silverline are found to be negligent, for what losses would Emma be able to claim

The RP stated that the resident is very lucid, alert, and was very uncomfortable about going in her diaper. The RP stated the resident is fond of sports and enjoys watching sports on the television. The RP stated the resident was enjoying the television when she was told she had to go to bed. When she complained a caregiver named Robert go into the resident's face and told her that she was going to bed. According to the RP the resident was intimidated by the caregiver. Although the resident no longer lives in the facility she fears that the caregiver will find and harm her. The reporting party stated on one occasion the resident was having respiratory problems and the facility contacted the RP. The RP questioned that staff and asked if the resident had a fever. The RP was told that the resident was agitated therefore the RP went to the facility to check on the resident. The RP asked the caregiver to take the resident's temperature using a digital thermometer. According to the RP the caregiver did not know how to operate the thermometer therefore requiring the RP to take the resident's temperature. The resident was taken to the hospital and diagnosed with

Imagine a woman with powdery, permed hair who smells of hairspray and flowery potpourri. She is an 87-year-old mother, grandmother, and great-grandmother who has found a new home at a retirement facility after her husband of 56 years passed away, but now that home is being taken from her. In its 48 years, Oaknoll, a retirement home and care facility located in Iowa City, has been a home for hundreds of residents. As a nonprofit organization, Oaknoll has little to offer the city financially. It does not pay property taxes and sits upon prime property along bustling Benton and Oakcrest streets. With the closing of Oaknoll, Iowa City plans to sell the land, potentially valued at over three million dollars, to private owners for the construction

Plus, the reason for one of them to fall is because of the fact that they flushed the toilet with a unfinished plumbing, causing the water to spill, and made the floor wet, as a result, the man slipped and broke the wrist. Therefore, these two young man should share the liability for this accident.

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

Pilgrim Assurance is a case that involves a sealed bid auction. Therefore, the auctioneers will need to sell the building to the highest bidder involved at a minimum bid of $15 million. David Bailey is given the decision to decide on how much to bid for an office building. Furthermore, he needs to make the decision whether to lease it as office space or to convert this office space into condominiums. In this case, I will analyze the goals and objectives of Bailey as well as the other participants. The sealed bid auction indicates that they are willing to take a chance on the market and try to receive high bids. There is no problem with the government participant besides using permits to do renovations. There is

Larry Landlord has recently renovated an apartment and has put it on the market to be rented for $800.00 a month. Larry Landlord has been in business for approximately five (5) years and has had both positive and negative experiences with tenants. Larry Landlord is hoping to find a good, long-term tenant for his apartment. Roger Renter saw Larry’s sign for the apartment for rent and thought the location and the apartment would be perfect. Roger met Larry to look at the apartment and Roger fell in love with it. All of the interior fixtures had been replaced and the unit had a nice

Tamara’s lawsuit would not succeed because she had knowledge of the risks. She assumed those risks when she bought and used the temporary hair removal product. There should not be any damages awarded to her. If she was the first person to suffer from the reaction, she could have won the lawsuit and gained damages.

Since remodeling the house, Sexton has been operating the property at a profit, with income from operations currently at $15,000. If we based the sales price on current net operating income and an 8.25% capitalization rate, Sexton should be able to sell the property for about $182,000. Exhibit 1 provides a sales price range between 162,000 and $207,000 based on a range of cap rates.

Luke has been asked to work on a project that involves developing land recently bought by ABC to build an adult entertainment retail store. According to the plan, Luke’s brother, Owen, whom he is very close to, lives in the neighborhood that the adult entertainment retail store plan will be built. Luke knows that as soon as the plans for the store become public, the property value of the homes in Owen’s neighborhood are expected to decrease significantly. Luke is concerned about his confidentiality obligations to the company. Owen has openly expressed to Luke that he has thought about putting his home on the market for sale; this is concerning for Luke. He knows that Owen has received and acceptable offer for his home already, but wonders if the market for real estate in the area will increase in the next few years.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable