Question
Learning Activity 1: due Thursday at 11:59 pm ET Scenario: Dave bought a power lawn mower manufactured by Ace, Inc. The mower was equipped with
Learning Activity 1: due Thursday at 11:59 pm ET
Scenario: Dave bought a power lawn mower manufactured by Ace, Inc. The mower was equipped with a removable plastic safety barrier to minimize the risk of injury from the mowers blades. Dave removed the safety barrier believing that it was unnecessary.
Dave asked his 16-year old son, Zak, to mow the lawn. Zak s foot touched the mower blade as the safety barrier was removed; Zak was injured.
Dave wants to sue Ace, on behalf of his minor son, Zak, under strict product liability.
Under what specific product liability claims would you advise Dave to sue Ace and why?
Learning Activity 2: due Thursday at 11:59 pm ET
Case A: Myra owns a house which she advertises for sale for $400,000. On May 1, Nic offers Myra $380,000 for the house. Myra does not reply immediately, but on May 5, Myra delivers to Nic at his office a form that includes additional terms for the sale of the house, but does not state a price.
At 9:00 a.m on May 6, Nic signs the form from Myra and gives it to Odell, his administrative assistant, with instructions to mail it to Myra. Odell does not mail the signed form on May 6. At 10:00 am, May 6, Myra calls Nic to say the deal is off.
May 7, Odell mails the form signed by Nic to Myra. When Myra receives the signed form from Nic, she refuses to sell the house to him. Nic files a lawsuit against her for breach of contract.
- Which contract law applies to this case: UCC or common law?
- What is the court likely to rule on the breach of contract claim? And why?
Case B: Ed, a business person is a friend of Fran, the owner of a candy story. Every day, Ed spends a few minutes in Fran's candy store, looking at the candy and usually buying one or two candy bars or other candy. One afternoon, Ed went in the store, looked at the candy, picked up a $1 candy bar, waved the candy bar at Fran without saying a word and left the store.
- Is there an enforceable contract between Ed and Fran? Why or why not?
- If there is a contract, what type of contract and how was it formed, specifically?
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Business Law Text and Cases
Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross
12th Edition
978-053847082, 1285834623, 9780538470810, 0538470828, 9781285834627, 053847081X , 978-1111929954
