BSL 150

1.James sees two young children playing tag at a subway station. James tells the children that they should be careful. One of the children runs very close to James when the other child tags him. The child teeters on the edge of the platform and James could have very easily grabbed the child and kept him from fling on the tracks. James does not do so. The child falls on the tracks and is run over by a train. The parents of the child sue James for not preventing the death of their child. What is the likely outcome of the suit? Why?

2.Defendant #1 parks his truck near the bottom of a ditch with large metal pipes protruding from the truck. Under law, the owner of the truck should have placed warning lights in front and behind the truck. The owner failed to do so. Defendant #2 was a cab driver who was speeding and hit the truck. The pipes killed the passenger in the cab. The passenger's estate sued both Defendant #1 and #2. Defendant #1 claimed that since defendant #2 was negligent in causing the accident, they cannot be held liable. Will defendant #1's claim be upheld? Why or why not?

3.What is the difference between a unilateral and bilateral contract. How are each of type of contract accepted?

4.What is a counter offer? What impact, if any, does a counter offer have on the original offer?

5.Who can accept an offer? How can someone accept an offer?

6.Contrast the difference in timing as to when revocations of an offer are effective and when acceptances are deemed to occur.