Ann lives in a state that has a 2 year statute of limitations and a 10 year statute of repose in negligence cases. In 2018, she is operated on my Sally Surgeon. Sally does a careless job of reconstructing Ann's elbow, but it is done in a way that.causes no initial pain and that Ann does not notice until 2020. Now it is 2027. Ann is frustrated by her ongoing elbow pain, and decides that she wants to sue Sally. Can her lawsuit proceed successfully? O Yes No, because the statute of limitations has run O No, because the statute of repose has run
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- Pebbles Flintstone is a minor. Pebbles dropped out of high school in order to care for her ailing mother. The Flintstone home is located in Anacortes, Washington. To help pay for her mother's medical care, Pebbles decided to sell her guitar. Pebbles received the guitar as a gift from her Uncle Barney. Pebbles tried to learn how to play the guitar, but after two years she became frustrated and threw it under her bed. While the guitar has a few cracks and scratches, it is still in good working order. Because her Uncle Barney is wealthy, Pebbles thinks he paid about $500 for the guitar, and hopes it might still be worth around $200. Mr. Slate, age 44, owns Bedrock Antiques & Collectibles. While walking down the street, he came across the Flintstone home, saw they were having a yard sale and decided stop and look around. When he saw the guitar, with a sign that simply said "Make Offer", Mr. Slate offered Pebbles $500. Mr. Slate wasn't sure, but believed the guitar might be a rare…CASE: The Chipotle Mexican Grill In 1993, Steve Ells opened a burrito-and-taco restaurant in a Denver storefront, not far from the University of Denver campus and popular with students. He named it Chipotle Mexican Grill, after the dried pepper common in Mexican cooking. A trained chef and and graduate of the Culinary Institute of America, Steve's idea was for Chipotle to be a cash cow to help him finance a "real" upscale restaurant. Chipotle, however, began branching out: first to several locations in an around Denver, then eventually nationwide. In 1998, McDonald's bought a 91% stake in Chipotle, this was followed by a 2006 initial public offering in which McDonald's retained 69% of the stock and 88% of voting rights. By the end of 2005, there were about 500 Chipotle outlets generating approximately $600 million in sales annually. Currently, about 15,000 people are employed by Chipotle. Steve Ells still serves as the chairman and CEO. What accounts for the success? For…This question relates to the form of employment contract between a real estate agent and her real estate agency (like Coldwell-Banker or Century 21). The agency provides the agent with a desk, secretarial and paralegal services, and its reputation for honest dealing. Susan is a real estate agent. Since she is a single mother, she is concerned with the uncertainty associated with her volume of sales. The brokerage contract between the seller (of a home that has been put on the market for sale) and the real estate agent specifies a commission of 6% (payable upon sale). The listing agency presents Susan with two options. She can split her commission earnings 50-50 with the agency or pay an annual franchise fee of $60,000 to the agency and receive the entire commission. The question has two parts. In part A, there is no moral hazard. In part B, there is moral hazard. A.Her expected sales are $3,000,000 with a probability of 0.5 and $1,333,333 with a probability of 0.5. Her utility…
- Jay Seago is suing the manufacturer of his car for $3.5 million because of a defect that he believes caused him to have an accident. The accident kept him out of work for a year. The company has offered him a settlement of $700,000, of which Jay would receive $600,000 after attorneys’ fees. His attorney has advised him that he has a 50% chance of winning his case. If he loses, he will incur attorneys’ fees and court costs of $75,000. If he wins, he is not guaranteed his full requested settlement. His attorney believes that there is a 50% chance he could receive the full settlement, in which case Jay would realize $2 million after his attorney takes her cut, and a 50% chance that the jury will award him a lesser amount of $1 million, of which Jay would get $500,000. Using decision tree analysis, decide whether Jay should proceed with his lawsuit against the manufacturer.Mary Khadir is suing the manufacturer of her car because of a defect that she believes caused her to have an accident, keeping her out of work for a year. She is suing the company for $3.5 million. The company has offered her a settlement of $700,000, of which Mary would receive $600,000 after lawyers’ fees. Her lawyer has advised her that she has a 50% chance of winning her case. If she loses, she will incur lawyers’ fees and court costs of $75,000. If she wins, she is not guaranteed her full requested settlement. Her lawyer believes that there is a 50% chance she could receive the full settlement, in which case Mary would get $2 million after her lawyer takes his cut and a 50% chance that the jury will award her a lesser amount of $1 million, of which Mary would get $500,000. Using decision-tree analysis, decide if Mary should sue the manufacturer. What is the Expected Value of Mary winning the lawsuit? What is the Expected Value of Mary winning the lawsuit? What is Marys lawyers…You may have seen the very popular Broadway show or movie Les Misérables, based on Victor Hugo’s epic nineteenthcentury French novel of the same name. The main character, Jean Valjean, steals a loaf of bread to feed his sister’sstarving family and is arrested and sent to prison. If we apply conventional reasoning and principles of law to his crime,Valjean genuinely is guilty as charged and we do not need to consider any extenuating circumstances. However, in aKantian ethical framework, we would take into account Valjean’s motives as well as his duty to treat his sister’s family asends in themselves who deserve to live. Valjean’s fate demonstrates what might occur when there is a gap between thelegal and the moral. Clearly, Valjean broke the law by stealing the bread. However, he acted morally by correcting awrong and possibly saving human lives. According to Kantian ethics, Valjean may have been ethical in stealing bread forhis family, particularly because the action was grounded in…
- The case of L'Estrange v F Graucob Ltd: Select one: a. Is best known for the legal principles relating to privity of contract b. Is best known for the legal principles relating to conditions and warranties c. Is best known for the legal principles relating to incorporation of terms by signature d. Is best known for the legal principles relating to interpreting exemption clausesJane Smith, age 40, is single and has no dependents. She is employed as a legal secretary by Legal Services, Inc. She owns and operates Typing Services located near the campus of Florida Atlantic University at 1986 Campus Drive, Boca Raton, FL 33434. Jane is a material participant in the business. She is a cash basis taxpayer. Jane lives at 2020 Oakcrest Road, Boca Raton, FL 33431. Jane’s Social Security number is 123-45-6781. Jane indicates that she wants to designate $3 to the Presidential Election Campaign Fund. Jane had health insurance for all months of 2018. During 2018, Jane had the following income and expense items: $100,000 salary from Legal Services, Inc. $20,000 gross receipts from her typing services business. $700 interest income from Third National Bank. $1,000 Christmas bonus from Legal Services, Inc. $60,000 life insurance proceeds on the death of her sister. $5,000 check given to her by her wealthy aunt. $100 won in a bingo game. Expenses connected with the typing…Mary Decker is suing the manufacturer of her car becauseof a defect that she believes caused her to have an accident, and kept her out of work for a year. She is suing the com-pany for $3.5 million. The company has offered her a set-tlement of $700,000, of which Mary would receive $600,000 after attorneys’ fees. Her attorney has advisedher that she has a 50% chance of winning her case. If sheloses she will incur attorneys’ fees and court costs of $75,000. If she wins she is not guaranteed her full re-quested settlement. Her attorney believes that there is a 50% chance she could receive the full settlement, in whichcase Mary would get $2 million after her attorney takes hiscut, and a 50% chance that the jury will award her a lesseramount of $1,000,000, of which Mary would get $500,000.Using decision-tree analysis, decide if Mary should suethe manufacturer.
- Clive who lives in Johannesburg agrees to buy a horse from Pretty who lives in Cape Town as Pretty is finding it too expensive to pay stable fees.The parties agree on the purchase price of R 500 000 to be paid on delivery of the horse on 30th December 2020. Whilst Clive is en route to Cape Town there is a vicious storm. Due to the loud thunder and lightning, the horse experiences severe shock from which it eventually dies. Identify the type of impossibility that applies to the above scenario.Your insured lives in an apartment but takes a temporary position in another city and must store some me for fur ture items in a storage ware apartment is sublet to a friend. Subsequently, the warehouse is broken into and some of your Insured's furniture is stolen. What Would a Tenant © A) The actual cash value or replacement cost of the property stolen less the policy deductible, subject to the 10% limitation on property temporanlite O B Nothing. The loss is not covered © C The actual cash value or replacement cost of all the personal property stolen, less the policy deductble, subject to the polis limit © D That proportion of the loss which the value of the property at the warehouse bears to the total value of all of his her personal propertyAmy is caring for her aging mother, Milly. Milly has a number of health issues. She has given Amy a power of attorney so that Amy can help pay her bills and handle her business affairs. Amy is concerned that Milly will eventually use up all her assets, including losing her house, to provide for her health care needs. To protect against that eventuality, Amy intends to use her power of attorney to put Milly’s house into Amy’s name. True or False: Amy’s transfer of the house is a breach of her fiduciary duty as Milly’s agent.