Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card For Mann/roberts’ Smith And Roberson’s Business Law, 17th
17th Edition
ISBN: 9781337094566
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 14, Problem 5CO
Summary Introduction
To discuss: The rule governing an intoxicated person’s capacity to enter into a contract and contrast this rule with the law governing minors and incompetent persons.
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Describe what is intoxication in law and explain how a person can avoid a contract entered into under intoxication using the case law: gore v gibson
How can a person avoid a contract entered into under intoxication?
Provide relevant case laws on the matter and discuss them in detail.
Chapter 14 Solutions
Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card For Mann/roberts’ Smith And Roberson’s Business Law, 17th
Ch. 14 - Prob. 1COCh. 14 - Prob. 2COCh. 14 - Prob. 3COCh. 14 - Prob. 4COCh. 14 - Prob. 5COCh. 14 - Prob. 1QCh. 14 - Prob. 2QCh. 14 - Prob. 3QCh. 14 - Prob. 4QCh. 14 - Prob. 5Q
Ch. 14 - Prob. 6QCh. 14 - Prob. 7QCh. 14 - Prob. 8QCh. 14 - Prob. 9QCh. 14 - Prob. 10CPCh. 14 - Prob. 11CPCh. 14 - Prob. 12CPCh. 14 - Prob. 13CPCh. 14 - Prob. 14CPCh. 14 - Prob. 15CPCh. 14 - Prob. 16CPCh. 14 - Prob. 17CPCh. 14 - Prob. 18CPCh. 14 - Prob. 19CPCh. 14 - Prob. 20CPCh. 14 - Prob. 21CPCh. 14 - Prob. 22CPCh. 14 - Prob. 1TSCh. 14 - Prob. 2TSCh. 14 - Prob. 3TS
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- Explain the dangers of entering into a contract with someone who is under 19 years old where you are an adult?arrow_forwardDiscuss what is intoxication in law ? Using the following cases and three of your own, discuss in The Basic Facts and Outcome in Detailed to the cases as it relates to intoxication in contract Matthew v. Baxter Gore v. Gibsonarrow_forwardTwo women went into a café where one ordered a bottle of ginger beer for her friend, Mrs. Donoghue. After consuming some of it, Mrs. Donoghue discovered part of a decomposed snail at the bottom of her bottle. She became ill as a result of drinking the contaminated beverage. She is contemplating of three legal actions. a) Mrs. Donoghue carefully pondered of suing the owner of the café for breach of contract? Is there a binding contract between Mrs. Donoghue and Café? b) She also carefully pondered of suing the owner of the café for negligence and manufacturer, separately. If she does sue, does her action prosper against café and manufacture?arrow_forward
- Betty went to the cinema to watch the premiere of Hulk Mister. She bought the ticket and went into the cinema. As she sat down on the chair, the legs of the chair broke and she fell onto the ground injuring her lower back. It turned out that the chair was previously broken and has not been properly repaired by the staff of the cinema. She was hospitalised for a month and could not work during the time she was in the hospital. Required: Betty wants to start legal proceedings to claim damages from the cinema for the injury. Advise her of the legal grounds on which she can claim compensation from the cinema and discuss, with reference to relevant legal principles and cases, the necessary steps that Betty needs to go through in order to prove her case.arrow_forwardDiscuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.arrow_forwardWhen Ms. M is about to replace the empty bottle of drinking water with a full one, Ms. M saw a dead fly and part of another dead fly in the unopened replacement bottle. Obsessed with the event and its implications for the health of her family, she developed a major depressive disorder, phobia, and anxiety. With this, she sued the supplier of the bottle of water, Bottled Enterprise, for psychiatric injury sustained as a result of seeing the dead flies in the bottled water. Does action of Ms. M prosper? Please state your reasons.arrow_forward
- Discuss what is intoxication in law ? How can an person avoid a contract entered into under intoxication? a) Discuss in detail the following relevant case law on this matter and discuss in detail. Discuss the outcomes in this case. Gore v. Gibson 13M b) What is Frustration in law? Critically discuss. Discuss in detail the following relevant case law on this matter and discuss in detail. Discuss the outcomes in this case. Taylor v. Caldwell (1863)arrow_forwardMarcia Samms claimed that David Eccles had repeatedly and persistently called her at various hours, including late at night, from May to December, soliciting her to have illicit sexual relations with him. She also claimed that on one occasion, Eccles came over to her residence to again solicit sex and indecently exposed himself to her. Mrs. Samms had never encouraged Eccles but had continuously repulsed his “insulting, indecent, and obscene” proposals. She brought suit against Eccles, claiming she suffered great anxiety and fear for her personal safety and severe emotional distress, demanding actual and punitive damages. Can she recover? If so, for what tort?arrow_forwardAccording to the CISG, when a contract is for sale of goods by description, a slight breach may be treated as a fundamental breach. True or False. Explain.arrow_forward
- Define the following under contract Act 1932, provide essentials with example a) Coercion, c) Undue Influence, b) Fraud, d) Misrepresentationarrow_forwardDr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.arrow_forwardAn intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?arrow_forward
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