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1) Jenny drives a truck for United Package Service (UPS). She stops her truck to deliver a package, mistakenly puts the truck in neutral instead
1) Jenny drives a truck for United Package Service (UPS). She stops her truck to deliver a package, mistakenly puts the truck in neutral instead of in park, and does not set the parking brake. Jenny's truck then rolls forward and crashes into a telephone pole, which then falls and hits a tanker truck filled with gasoline, which then leaks gas and ignites and spreads fire to a house about a block from where Jenny parked her truck. As the house burns, it partially collapses and falls on Timmy, an innocent bystander who happened to be walking down the street, and injures him. What elements does Timmy need to prove to establish a claim for negligence against UPS? 2) Jamal is a friend of Tina, who owns and operated a comic book and collectibles shop. Jamal goes to Tina's shop almost every day and spends around ten minutes looking at the new comic books and usually buying one or two items. One morning, Jamal goes into the shop, looks at the items, and picks up a $5 comic book. There is a long line at checkout and Jamal has no time to wait. Tina sees Jamal in line. Jamal holds up the comic book so Tina can see it, but says nothing. Tina sees this and nods. Jamal walks out of the shop with the comic book. Is there a contract? If so, how would it be classified in terms of formation, performance, and enforceability? 3) MacroFirm, Inc. creates and sells software -mostly accounting programs, generic business forms, time management software, and the like-in various program bundles at different prices. These program bundles include a shrink-wrap agreement that limits the warranties given by MicroFirm, Inc. and the remedies available to its customers. American Marketing Corporation buys one of these software bundles and uses it. Later, American Marketing Corporation files a lawsuit against MicroFirm, Inc., claiming that the product was flawed and that the flaws caused American Marketing Corporation to suffer business losses. The lawsuit asks for relief that exceeds the limits in the shrink-wrap agreement. What is a shrink-wrap agreement? Are such agreements always enforced? Under what circumstances is a court likely to enforce this agreement
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