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Question 10 (10 marks) In the following independent situations, indicate the likely outcome of each potential lawsuit. Support your response with an explanation as to
Question 10 (10 marks) In the following independent situations, indicate the likely outcome of each potential lawsuit. Support your response with an explanation as to why this is the likely outcome. 3) b) Yani Figment purchased a car from Kristen Guber for $10,000. Shortly aftennrards, a bailiff, acting for a lender with a security interest in the car with payments in default, seized the car. The nancing statement for the security interest had been properly registered in time. Yani wants to sue Kristen. (1.5 marks) Tiny Simpso purchased a new car from a dealership for family use- The contract Tiny signed contained the following clause: \"The parties hereto expressly agree that the dealer is NOT liable for any breach of condition or warranty. express or implied.\" Within a few days Tiny realized that the car did NOT run properly and over the course of the following two weeks. Tiny had it back in the shop seven times. It was nally determined that the problem was due to a faulty transmission. Tiny wants to sue the dealership. (1.5 marks) Juan Blanco is an employee in the IT department at Parts lnc.. a manufacturing company. The IT department was looking to replace a server. so Juan went to Computertown Ltd. and explained to the salesperson Parts Inc.'s needs. Computertown Ltd. sold Parts Inc. a server for $58,000. The system was in operation less than one hour when it malfunctioned and burned one of Parts Inc.'s employees. The malfunction was NOT the fault of the seller or the buyer, but of the manufacturer. Parts Inc. wants to sue Computertown Ltd. for breach of warranty. (2.5 marks) d) Anette Caing went to Home Stuff, a local hardware store, to purchase some Iightbulbs for the hallways of the apartment building she owns. Fred Mers, a tenant, asked Anette for a lightbulb for his apartment unit, and she gave him one but told him he was responsible for getting his own from now on. The Iightbulb, manufactured by Bulber Lighting Ltd., and sold to Home Stuff by Larper Distributors Inc., was improperly made. The Iightbulb exploded and set Fred's apartment unit on re, and the unit suffered $6,000 in damage. Fred wants to sue Home Stuff for breach of contract, and Home Stuff wants to sue both Larper Distributers Inc. and Bulber Lighting Ltd. for negligence. {3.5 marks) Rick Demarinis has just been told that he wiil have to undergo a second operation because the results of his rst operation were NOT as expected. In the rst operation, a small device was inserted near his damaged knee to stimulate bone growth with electrical impulses. There is evidence that the device itself is faulty. The operation was performed by Dr. Wimble, who is employed by Hospitals Ltd- Hospitals Ltd. had purchased the device from MedResale Inc.. which had purchased it directly from the manufacturer, Device Co. The operation was NOT covered by any medical plan and cost Rick $5.000. Rick is very upset and wants to sue for damages. Ricks plans to sue Dr. Wimble for negligence. (1 mark)
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