Author: Anonymous

A retail computer store in a high-crime neighborhood kept its parking garage on the lower level gated shut for security reasons, so anyone parking had to use a call-button to contact the store service desk for entry and egress. A city building inspector who had just exited after inspecting some renovations stopped outside the gate when he realized he had dropped his phone just inside the garage by the gate. The gate was still open so he went back in on foot and picked it up. As he was heading back out the gate suddenly started descending. The gate bumped his shoulder as he jumped out of the way. The bump ordinarily would not have caused injury, but it aggravated an existing nerve condition in his shoulder and left him with a permanent loss of mobility.The inspector sued the computer store for the permanent injury to his shoulder. Evidence at trial established that employees were required to check the security camera trained on the garage door before flipping the switch behind the customer service desk to shut the gate. All three employees working at the service desk denied flipping the switch, and footage from the security camera trained on the service desk was inconclusive. The inspector’s expert testified that there was nothing wrong with the gate that would cause it to malfunction and descend without the switch being flipped.Is the inspector likely to prevail?

On November 1, a woman took out a $25,000 mortgage on her farm with a credit union. A week later, the woman sold the farm to her friend for $75,000. The friend knew nothing about the mortgage. On November 20, the credit union recorded its mortgage interest in the farm. The next day, the friend recorded his deed to the farm.Does the friend hold the farm subject to the credit union’s mortgage?

A pedestrian was injured by an intoxicated driver and subsequently sued a nightclub for allegedly serving too much alcohol to the driver. At trial, the nightclub’s attorney called the nightclub’s bartender to the stand. Surprisingly, the bartender testified that she served the driver approximately nine margaritas on the night in question. The nightclub’s attorney questions the bartender about her deposition testimony, in which she said that she had served the driver one margarita and then “cut him off” because he seemed too intoxicated. The bartender denies having made the statement, and the nightclub’s attorney seeks to admit the deposition statement into evidence.Is this permissible?

Which of the following is an example of work–family conflict?

On November 6, the proprietor of an independent bookstore sent a letter to a furniture wholesaler asking for the price of a certain bookshelf he knew the wholesaler sold. The wholesaler sent a written reply with a catalog listing the prices and descriptions of all of its available bookshelves. The letter stated that the terms of sale were cash within 10 days of delivery. On November 14, by return letter, the bookstore proprietor ordered the bookshelf, enclosing a check for $400, the listed price. Immediately on receipt of the order and check, the wholesaler informed the bookstore proprietor that there had been a pricing mistake in the catalog, which should have quoted the price as $450 for that bookshelf. The bookstore proprietor refused to pay the additional $50, arguing that his order of November 14 in which the $400 check was enclosed was a proper acceptance of the wholesaler’s offer.In a suit for damages, will the wholesaler prevail?

A county announced it was accepting bids for the construction of a new courthouse. A contractor, who was interested in submitting a bid for the project, but planned on using a subcontractor for the electrical work on the project, advertised for bids from area electricians. Four electricians submitted bids to the contractor in the following amounts: $65,000, $80,000, $95,000, and $100,000.After compiling all of the bids from the electricians and calculating her costs based on the lowest bids, the contractor submitted her general bid to the county. The county accepted this bid. After the acceptance, the electrician who had submitted the lowest bid realized he had made a mistake in his calculations. His bid should have been $100,000. The electrician immediately notified the contractor of his mistake and stated that he was revoking his bid. The contractor informed the electrician that it was impossible for him to change his bid, and the contractor, having used the bid in making her own bid, was accepting the electrician’s $65,000 bid.In a suit for rescission of his contract with the contractor, is the electrician likely to prevail?

While the Athenians built a fleet of Trireme warships to confront the Persian fleet when King Xerxes invaded Greece again in 480 BC, this city state sent 300 of its soldiers along with a few thousand other Greeks to make a stand at Thermopylae against the Persian army

A cyclist was riding negligently around a sharp curve of the bike path when his bike skidded and he flipped over the handlebars, sustaining fatal injuries. Fifteen minutes later a jogger came on the scene and stopped to see if she could render assistance. Shortly thereafter, another bike rider came around the curve too fast and struck the jogger, who was kneeling down on the path to tend to the cyclist. The jogger was seriously injured but the bike rider raced off without stopping.If the jogger sues the estate of the deceased cyclist, who will prevail?

A chainsaw manufacturer sent an offer to a home improvement store, offering a dozen chainsaws for $6,000. The home improvement store’s buyer personally mailed back to the manufacturer the store’s standard printed acceptance form. However, the buyer wrote in large letters in her own hand on the form, “Our liability on this contract is limited to $100.”Two days later, the manufacturer received the communication from the home improvement store. A week later, the manufacturer had sent no additional communication to the home improvement store.If the additional term in the home improvement store’s acceptance limiting its liability on the contract is found to be a material alteration of the manufacturer’s offer, what is the relationship between the parties?

Which BEST explains why those in rural communities face significant disadvantages when accessing health care, even if they live in a wealthy country?