blaw examples
Sari buys a new sport utility vehicle (SUV) from 'Tastic Cars & Trucks, Inc. The most important factor in determining whether an express warranty is created is whether
'Tastic's promise becomes part of the basis of the bargain.
Amber shops in a Breezy Bargains store, whose employee Connor recently mopped the floor. Amber slips, falls, and suffers an injury. Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and
Connor did not place the sign near the wet floor.
Concrete Products, Inc., assures Deepwater Construction Company (DCC) that Concrete's cement will not crack within a certain range of pressure. DCC uses the product. When cracks develop within the stated range, DCC files a suit against Concrete. The court is most likely to rule in favor of
DCC, because Concrete's statement was an express warranty.
Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of
Evon and Gina.
Fun Toyz Corporation makes skateboards, which it sells to consumers, including Gitana. Gitana is injured due to a defect in the board that causes an accident in which Haley, a bystander, is also injured. In a product liability suit based on strict product liability, Fun Toyz may be liable to
Gitana and Haley.
The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in
Palsgraf v. Long Island Railroad Co.
Resources Recovery, Inc., uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is
Resources Recovery only
the rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in
Rylands v. Fletcher.
Welding Systems, Inc. (WSI), makes welding torches, masks, and related products. A WSI product may be unreasonably dangerous due to
a defect in its design.
Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on
a manufacturing defect.
The Association of Southeast Asian Nations is a regional trade association that was created through
a multilateral agreement.
The United States taxes each barrel of imported oil at a flat rate. This is
a tariff.
Expando Global Corporation, a U.S. firm, establishes a wholly owned subsidiary firm in Germany. In this situation, Expando retains complete ownership of
all of the facilities.
Neil goes to Oil Shop to change the oil in his car. Pat, the service technician, learns that Neil plans to take a trip and advises the use of a certain type of oil. The oil breaks down during the trip, damaging the car. Neil may recover from Oil Shop for breach of
an implied warranty of fitness for a particular purpose.
Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely
an invasion of privacy.
Louis¾larger and stronger than Mica¾threatens to hit Mica and then hits and injures him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for
assault and battery.
Simpatico Business, Inc., a U.S. firm, expands into international markets through a joint venture. In the venture, Simpatico shares
both the profits and liabilities.
Super Tool Company makes tools for consumers and construction professionals. While using a Super tool to replace an electrical outlet, Tom neglects to shut off the power and is electrocuted. Against a suit filed by Tom's heirs, Super's best defense is
contributory negligence.
Dian, a clerk at an Entertainment Unlimited store, takes a video game player from the store without permission. Dian is liable for
conversion
WiFi Corporation, a U.S. firm, signs a contract with Bueno Computadores, Ltd., an Argentinean firm, for a shipment and payment for WiFi's goods. This is
direct exporting.
Call Center Corporation, a U.S. firm, owns property in India. The government of India seizes the property for a proper public purpose and pays Call Center just compensation. This is
expropriation.
Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably
fit for the ordinary purpose for which such goods are used.
Nick, or Nora, or any U.S. citizen, can bring a civil suit in a U.S. court against a foreign entity
for a tort allegedly committed in the United States or overseas.
Longlast Tools, Inc., sells power tools, power tool parts, and related supplies under "full" warranties. Under the Magnuson-Moss Warranty Act, this means that Longlast must provide
free repair or replacement of any defective part.
Woodgrain Products Company and Sylvia enter into a contract for a sale of lumber. Woodgrain knows the purpose for which Sylvia will use the goods. Under the UCC, an implied warranty of fitness of a particular purpose arises
if the buyer is relying on the seller to select suitable goods.
Yokima, Ltd., and Zenota, S.A., transact an international sale of goods. For these parties, and other international buyers and sellers, the United Nations Convention on Contracts for the International Sale of Goods spells out the duties that apply
if the parties have not agreed otherwise in their contracts.
Grady, an obese individual, files a suit against Fry Fast Food Corporation (FFFC), alleging that FFFC's food is unhealthy because, as Grady knows, it contains high levels of cholesterol and saturated fat. Grady is most likely to
lose, because Grady knows of the food's unhealthiness.
Field Trenchers Inc. initiates a lawsuit against its competitor Master Excavators Inc. out of malice and without probable cause. Master suffers a loss of profits due to the litigation, but Field loses the suit. Field is most likely liable for
malicious prosecution.
The government of the United States and the governments of other nations have the power to enforce their respective national laws within their borders. The power to enforce international law within the borders of all nations rests with
no court or international organization.
Deleon trespasses on Capital Corporation's property. Through the use of reasonable force, Capital's security guard Brenda detains Deleon until the police arrive. Capital is most likely liable for
nothing
Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for
nothing
Precision Motors Corporation (PMC), a U.S. firm, expands into international markets through a joint venture. In this venture, PMC owns
part of the operation.
Olga, a salesperson for Pre-owned Cars & Trucks, Inc., tells Quincy, "This is the best car I've ever seen." This statement is
puffery.
Joy invites Ken into her apartment. Ken commits trespass to land if he
refuses to leave when Joy asks him to go.
Roy owns an apartment building that contains units of different sizes. The sidewalks around the building are in poor repair. Many sections have buckled from the growth of tree roots over the years.
repair the sidewalks.
Air Navigation, Inc., makes aviation guidance systems. Ollie is injured in a crash caused by a defective Air Navigation product. A statute restricts the time within which Ollie may file a product liability suit against Air Navigation regardless of when he was injured. This is a statute of
repose.
Senator Smith and other politicians want to restrict the flow of technologically advanced products and data from the United States to other countries. To restrict or encourage exports, Congress can
set export quotas.
The government of Iran violates an international law. Persuasive tactics to remedy the situation fail. The only recourse of other nations is to
take coercive action, sever relations, impose boycotts, go to war.
Hemisphere Financial Corporation, a U.S. firm, files a suit against Italy in a U.S. court. Italy claims foreign sovereign immunity. Under the Foreign Sovereign Immunities Act, this claim is determined by
the U.S. court in which the suit is filed.
Global Properties, Inc. (GPI), a U.S. firm, owns property in Hong Kong. The government in Hong Kong takes GPI's property without paying for it. A U.S. court will probably not examine the validity of this act committed by China within its own territory, under
the act of state doctrine
Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because
the activity is of a dangerous nature.
Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is
the causation in fact and the proximate cause of the injury
Safe-T-Made Company makes electrical cords and other connectors for electronic devices. Rowena files a product liability suit against Safe-Rite, alleging a warning defect. Under the Restatement (Third) of Torts: Products Liability, in deciding whether to hold Safe-T-Made liable, the court may consider
the characteristics of expected users.
Pharma Company, Quitox Corporation, and Renal, Inc., are drug makers. Med Sales Company and National OTC, Inc., are drug distributors. In a suit against all of these parties in which market-share liability is imposed, most likely to be liable are
the distributors and the makers.
Business Abroad, Inc., a U.S. firm, obtains a judgment in a U.S. court against Quang Tri, Ltd., a Vietnamese business. Whether the court's judgment will be enforced by a court in Vietnam depends on the Vietnamese court's application of
the principle of comity.
Imported Carpets Store and Jill enter into a contract for a sale of an Oriental rug. Imported Carpets, a merchant who deals in goods of the kind sold, generally describes the goods, details technical specifications, and shows a sample. Under the UCC, if these are inconsistent
the sample takes precedence over the general description.
As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for
trespass to personal property.
Joe sees Karo floundering in Lake Rough Waters. Joe is liable on the ground of negligence
under no circumstances.
John sees that Kris is about to step into the path of an oncoming bus. If John does not warn Kris of the danger, John is liable
under no circumstances.
Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for
wrongful interference with a business relationship.
