Question
2.Thompson'shousewasdestroyedbyfireandclaimswerefiledwiththeinsurance company.The insurance company (insurer) hired Cannon to investigate the fire as it was suspicious about the cause.Subsequently, the insurer denied the claims based on
2.Thompson'shousewasdestroyedbyfireandclaimswerefiledwiththeinsurance company.The insurance company (insurer) hired Cannon to investigate the fire as it was suspicious about the cause.Subsequently, the insurer denied the claims based on Cannon's report.Thompson sued the insurer and Cannon.Thompson claimed to be a third party beneficiary of the Cannon-insurer contract.Is Thompson correct?If so what type of beneficiary is he and why?3. Kwan purchased a new Mercedes Benz automobile from a dealership for $46,370.24.During the first year of ownership, he returned the car at least 10 times for numerous
repairs, some of which Kwan complained were repeat problems that were never fixed correctly.Ultimately,Kwanreturnedthecarforarefund,whichwasrefused.Kwan suedforarefundandfordamagesforemotionaldistress.Kwantestifiedthatthe repeated efforts to get the car repaired and the operational problems he considered un safe, made him "frustrated and mad," "sad," "nervous," and "worried about the safety forthefamily."ThejuryawardedKim$10,000foremotionaldistress.First,which warrantiescanKwanclaimhavebeenviolated?Why?Next,wasKwanentitledtodamages for distress? Why?
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