Josh was driving 70 miles per hour on a windy road late at night in Syracuse, New York. The speed limit on the road was 30 miles per hour. It had rained throughout the day and the road was quite slippery. As Josh sped around a turn, he lost control of his car and hit Lucas who was walking on the sidewalk. Lucas is thrown to the ground with two broken legs and Josh immediately calls an ambulance. As Lucas is lying on the sidewalk, unable to move he is bitten by an Aedes species mosquito which is infected with the Zika virus. A few weeks later Lucas becomes very ill with Zika. The Aedes mosquito tends to live in warm climates and experts are quite surprised that the mosquito was found in Syracuse. In fact, this is the first known case of an individual being bitten by a mosquito and infected with Zika in Syracuse. Lucas is quite upset and sues Josh both for damages related to his broken legs as well as for damages related to the Zika virus.

(a) Does Lucas have a claim against Josh for damages for her broken legs? Explain fully. (b) Does Lucas have a claim against Josh for damages related to the Zika virus? Explain fully.

On October 15, Emma entered a written and signed contract to sell Jack an original Monet painting for $1,000,000. Jack made a 10% down payment of $100,000 when he signed the contract. Their contract stated that Jack would pay the balance of the purchase price, or $900,000 when Emma delivered the painting on December 20.

A. On December 1, Emma advised Jack that she does not intend to go through with the contract because she has accepted a better offer from Noel. Jack insists that Emma complete her contractual obligations. What remedies may Jack seek? Explain fully.

B.Instead of the facts in Part (A), assume that on December 1, Jack advises Emma that he no longer wants the painting and that he will not proceed with the sale. Their Oct. 15th sales contract provides that if Jack does not perform the contract, Emma is entitled to keep the $100,000 down payment.

What is this type of contractual provision called?

What factors would a court consider in deciding whether this contractual

provision is enforceable and will allow Emma to keep the $100,000.

Queen Spice Company is a business that sells high quality spices both online and in retail stores. The only warning label on Queen Spice Company's products is that the spice bottles should be kept away from children. There are no government regulations that require warnings on any of the spices sold by Queen Spice Company. One of their bestselling spices is nutmeg, which is often used by bakers in cakes, pies and puddings and is also used in Christmas foods such as eggnog. In lower doses, nutmeg provides flavor without affecting health. However, nutmeg contains a compound called myristicin, which in high doses can lead to myristicin poisoning which may cause seizures, heart arrhythmias, nausea, dizziness, pain, and hallucinations. Farm Fresh Supermarket regularly sells spices from Queen Spice Company including their nutmeg. During the month of December, Farm Fresh Supermarket has a holiday sale on all Queen Spice Company's spices. Rosemary, an avid baker, buys several containers of nutmeg and uses it in various cakes and pies she is baking. After eating multiple servings of the cakes and pies she experiences seizures, heart problems and dizziness and goes to the hospital where she is diagnosed with myristicin poisoning. While Rosemary makes a full recovery within a few days, she remains worried about the potential long-term impacts on her health. Rosemary sues Queen Spice Company for strict liability product liability.

a) Judgment for whom and why? Specifically analyze the elements of strict liability product liability and explain any defenses that may be available to Queen Spice Company.

b) If Queen Spice Company is liable can Farm Fresh Supermarket be held liable on a strict product liability claim even though they had no control over the packing or labeling of the nutmeg?

(a) Sophia, a wholesale electronics dealer, had 1,500 smart phones which she wished to sell. On May 5, she telephoned Luna, a retailer, and offered to sell Luna all the phones for $75,000.

(b) Luna recognized that the price was a real bargain but was concerned about whether she would be able to get financing that would allow her to buy that many phones at one time. Luna asked Sophia if she would promise to keep the offer open for 20 days so that Luna could arrange financing. Sophia, who was anxious to sell the phones, wrote out the following, which she signed and mailed to Luna, who received it the next day:

"I,Sophia, do hereby promise Luna that my offer to sell 1,500 phones (as described below for $75,000) will be held open until May 25 and will not bewithdrawn before that time."

(c) On May 13, Mauricio, another retailer, came to Sophia's warehouse, saw thephones, and asked about the price. Mauricio offered to buy them immediately for cash.

On May 14, Sophia sent Luna a letter in which Sophia stated that she was revoking her offer because she was going to sell the phones to someone else. Luna received this letter on May 15.

(d) Luna ignored the letter and, on May 16, having arranged for financing, mailed a letter to Sophia accepting the offer. Due to delays in the mail, the letter was not received by Sophia until May 27.

(e) On June 2, Luna, who had not heard from Sophia, called Sophia to inquire about when the phones would be delivered. Sophia said that there was no contract and that the phones had been sold to Mauricio.

Luna sues Sophia for breach of contract. Judgment for whom? Discuss,explaining the significance of each communication and action, (a) through (e) above.

Explain fullyexplaining the significance of each communication above.(25 points)