In a product liability claim based on strict liability, the plaintiff must show that the product was “defective” in some way. Describe four types of “defects” that could be the basis for a claim, and give an example of each.
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- the subject is business law A defense to negligence is comparative negligence. True False Torts are civil wrongs. Torts can be crimes too. They are either intentional or unintentional and are made up of elements. Intentional torts have at least three elements: intent, causation and damages. Unintentional torts include negligence and strict liability. Elements of negligence are duty, breach causation and damages. Elements of strict liability include situations involving injury from ultrahazardous activities, failure to control wild animals and product liability. True FalseAccording to the strict liability theory, Question 4 options: Manufacturers can be held liable only if they are negligent in some way If a consumer signs a sales warranty, the manufacturer cannot be held liable A contractual relation is necessary for the manufacturer to be held liable If a product is defective and injures a consumer, a manufacturer can be held liable all of the aboveAuctioneers in the state of Nebraska need to get a license from the State in order to operate. Suppose the license has a one-time fee of $50,000. Once the license is granted, the state of Nebraska allows the auctioneer to sell the license to others at any price. But, if the auctioneer wants to, the auctioneer can give up his/her license AT ANY TIME and get a $40,000 refund from the state of Nebraska. Samantha recently paid $50,000 for the auctioneer’s license but is having second thoughts. So, she spends $5,000 on advertising hoping to get $42,500 for the license. Using all of the information above, what is Samantha’s sunk costs? Using ONLY the ABOVE INFORMATION. Assuming that Samantha has not sold the license yet , do you think the Samantha made a wise move to spend $5,000 on advertising hoping to get $42,500 for the license? Explain why or why not? After a very long wait, suppose Samantha gets an offer of $41,500 for the license. 3. Should Samantha accept the offer? Why or…
- Parker Plaintiff is in a hurry and stops by a convenience store for a drink. The store is out of her favorite brand of soda, so Parker decides to go elsewhere. Before Parker can leave, she is stopped by a store employee that accuses her of shoplifting. The employee escorts Parker to a small room in the back of the store and tells Parker that if she attempts to leave the room, she will be arrested and sent to jail. Parker waits for over an hour before the manager tells her that she is free to go. What advice would you give Parker? Discuss the possible tort claim Parker might have against the store. Be sure to include the elements of the tort and relate those elements to the scenario. If Parker decides to pursue a claim against the store, should she consider a lawsuit, mediation, or arbitration? explain why your choice is the best option.One experienced entrepreneur says that when a company provides great service, its reputation benefits from a stronger emotional connection with its customers, as well as from increased confidence that it will stand behind its products. Explain why you agree or disagree with this statement.Explain Briefly with zero plagiarism In the selling process or in negotiations, who typically has the upper hand, the buyer or the seller?
- Which of the following best describes contributory negligence? a. Party A and Party B are at fault. The victim (Party C) can sue both of them at once. b. Party A and Party B are at fault. The victim (Party C) can sue either of them separately. c. Party A is at fault and so is the victim (Party B). Party A is not liable. d. Party A is at fault and so is the victim (Party B). The parties bear cost in proportion to their negligence.With a strict product liability claim, only the seller of the product is liable. True FalseBill has been adjudicated by the court to be mentally incompetent. Any contract that bill would enter into would be void? True or false
- Moe Green estimates the cost of future projects for a large contracting firm. Mr. Green uses precisely the same techniques to estimate the costs of every potential job, and formulates bids by adding a standard profit markup. For some companies to whom the firm offers its services, no competitors exist, so they are almost certain to get them as clients. For these jobs, Mr. Green finds that his cost estimates are right, on average. For jobs where competitors are also vying for the business, Mr. Green finds that they almost always end up costing more than he estimates. Why does this occur?Although firms are most often categorized as either goods producers or service providers, the line between these two distinct fields has become fuzzy in many cases. Question 2 options: True False Question 4 In planning the construction of a new health care facility, _____ of various units and treatment spaces is critical to ensure that services are delivered in an efficient way. Question 4 options: A) quality planning B) service delivery planning C) peak demand planning D) layout planning E) improvement planningIf complying with an injunction costs the defendant more than it benefits the plaintiff and transaction costs between the parties are low, there is no possibility of them negotiating an efficient solution and no reason for them to try. True False
