Question
3. Rachelle is a single mother. She takes her daughter Nicky (a two year old infant) to a local playground. Rachelle starts talking with another
3.Rachelle is a single mother. She takes her daughter Nicky (a two year old infant) to a local playground. Rachelle starts talking with another young parent, Dabney. Rachelle is distracted by Dabney's good looks and charming personality. Meanwhile, Nicky starts to wander over to the road.
Dabney notices a possible catastrophe and rushes out after Nicky. Dabney just manages to save Nicky from being run over by Larry, who is driving a van within the speed limit and quite safely. However, Dabney has too much forward momentum and collides with Larry's van. Dabney is seriously injured. Larry skids off the road and crashes into some playground equipment. Luckily, no children are using the equipment. Charlene, driving within the speed limit behind Larry, sees the above-related events and puts her foot down hard on the brakes. Charlene's car skids on an oil slick and crashes into a tree. Some distance behind the tree was Fredrich. Fredrich thought that Charlene's car might hit him and he started running away screaming 'Oh Lord, don't take me now!' Fredrich has an underlying personality disorder and develops a paranoid fear of going out into the street. As a result, he loses his job and his livelihood.
a)Is Rachelle liable for Dabney's injuries? Under which legal principle? Explain fully. Think carefully here.....
b)Is Rachelle liable for Fredrich's injuries? Under which legal principle? Explain fully.
2.Comment on anyfourof the five scenarios described below. By 'comment', I meantell me if we have a contract and why. Assume the facts as stated can be proved....
- "I promise to give you my bicycle for $1 at 4pm today". Assume you 'accept'.
- "I promise to give my bicycle at 4pm today". Assume you 'accept'.
- "I promise to sell you the machine gun that my grandfather left me when he died for $60,000 cash, payable at 4pm today".. The machine gun is now on the 'banned weapons list' established by the government.
- You were shopping at Leon's for a new couch and the clerk, after 15 minutes of back and forth, said to you "Ok, we'll sell you the couch for $600." You said you'd think about, left the store and returned 15 minutes later and said to the clerk "ok, I'll buy it for $600". He replied, "I just sold it."
- You offer to sell me your car for $12,500. I think that's a pretty good price but it's more than I want to pay. "I'll give you $11,000 cash", I tell you. You respond with an abrupt "no". I then offer the full asking price of $12,500. Do we have a valid contract?
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