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QUESTION 20 The Restatement approach to third-party negligence suits against accountants follows the: O A) reasonably foreseeable standard. O B) specifically foreseeable standard. O c)
QUESTION 20 The Restatement approach to third-party negligence suits against accountants follows the: O A) reasonably foreseeable standard. O B) specifically foreseeable standard. O c) Ultramares approach. D) both (a) and (c). An employee of Dr. Don's Automobile Hospital, Inc., made a "housecall" at the request of Horner, who was not able to bring his ailing automobile to Dr. Don's place of business. The Dr. Don's employee performed some repairs on Horner's automobile while it was in Horner's garage. The automobile remained in Horner's garage after the work was completed. When Horner failed to pay the bill that was sent to him, Dr. Don himself came to Horner's home to take possession of Horner's car. Horner refused to turn the car over to him. Dr. Don claimed that the corporation had a lien on the car by virtue of the work performed on it by the corporation employee, and that Horner's failure to pay the bill justified Dr. Don's attempt to take possession of the car. On these facts: O A) the employee himself is entitled to possession of the car, because he was the one who performed the repairs on the car. O B) Dr. Don is justified in his actions, because Horner had failed to pay the bill and because the corporation did have a lien on the car by virtue of the work performed on it by a corporate employee. O C) the corporation has no lien on the car, because the employee did not notify Horner, at the time the repairs were made, that a lien would be claimed. D) the corporation has no lien on the car, because it does not, and indeed never did, have possession of the car. QUESTION 24 Under the UCC, a fixture is defined as: O A) bought primarily for business. OB) goods held for sale or lease to be used under contracts of service. O C) goods that will be so affixed to real property that they are considered a part of the real property. 0 D) none of the above
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