BUSINESS LAW
BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Chapter 9, Problem 6CP
Summary Introduction

To discuss: The decision of trial court.

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Sabrina was hospitalized with severe gastrointestinal pain and placed in an intensive care unit.  Her doctor, Pierre Delecto, told the hospital personnel to order around-the-clock nursing care for Sabrina.  At the hospital’s request, a nursing firm, AT-ONE Services, LLC, provided two weeks of in-hospital care and, after Sabrina was sent home, an additional two weeks of at-home care.  During the at-home period of care, Sabrina was fully aware that she was receiving the benefit of the nursing services.  AT-ONE Services, LLC later billed Sabrina for $10,000 for the nursing care, but Sabrina refused to pay on the ground that she had never contracted for the services, either orally or in writing.  In view of the facts that no express contract was ever formed, can AT-ONE Services, LLC recover the $10,000 from Sabrina?  If so, under what legal theory?
Tube Art was involved in moving a reader board sign to a new location. Tube Art’s service manager and another employee went to the proposed site and took photographs and measurements. Later, a Tube Art employee laid out the exact size and location for the excavation by marking a four-by-four-foot-square on the asphalt surface with yellow paint. The dimensions of the hole, including its depth of six feet, were indicated with spray paint inside the square. After the layout was painted on the asphalt, Tube Art engaged a backhoe operator, Richard F. Redford, to dig the hole. Redford began digging in the early evening hours at the location designated by Tube Art. At approximately 9:30 P.M., the bucket of Redford’s backhoe struck a small natural gas pipeline. After examining the pipe and finding no indication of a break or leak, he concluded that the line was not in use and left the site. Shortly before 2:00 A.M. on the following day, an explosion and fire occurred in the building serviced…
In a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.
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