A customer suffered from food poisoning from a restaurant owned by a partnership enterprise. If the customer take this case to court, who will be ultimately liable in this case? A)The food supplier B)The employees and the managers of the restaurant C)The partners themselves D)The chef who cooked the food
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- 19) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle's fingernail polish, applies it to her nails, and suffers a severe allergic reaction. She sues Elle under the implied warranty of merchantability, The test for determining whether Suzy will recover is whether: A) the nail polish she bought was suitable for the needs of the average consumer. B) the nail polish she bought properly performed its function of coloring one's nails. C) such a reaction in an appreciable number of consumers was reasonably foreseeable. D) the ingredient causing the reaction was foreign to the nail polish or natural to it. nating one model, Bobby noticesDetermine the delictual liability from this scenario? Tree Combined School has hired a flower planting contractor to plant flowers in the school premises. The contractor came with two trucks to supply fertile soil and flowers. The deputy principal requested all educators to supervise learners during break to avoid injury. On Monday educators followed their ground duties roster very well. On Tuesday one of the educators came with a birthday cake and invited all educators to come and enjoy his birthday during break. He told educators that they should not be afraid to leave learners alone because they have a right to eat during break. While all educators (including those that were on duty) were busy enjoying themselves, one of the groundsmen came running to the deputy principal’s office to inform him that one of the grade 2 learners has been knocked down by a truck.1.A retired businessman who owned a track of land was approached by a real estate agent, who is interested to buy his land. The purchase price offered by the agent was above the prevailing fair market value (FMV). The agent wants to develop the land into a commercial area and sell it to the public. The agent discussed the terms and conditions of the deed of sale in detail to the businessman, and the businessman agreed to the deal. Last year, the businessman was diagnosed of dementia by his family doctor, and the agent though was aware of it. Was a contract of sale formed? If yes, is it enforceable? Please state your reasons. 2. Jacky invited her friend, Lourdes, to her house. Lourdes has a beautiful sport car and Jacky is interested and offered to purchase it at a prevail market price or FMV, but Lourdes rejected her offer. Jacky offered Lourdes a bottled of vodka. When Lourdes consumed so much of it, she feels dizziness. Jacky took advantage and offered again to purchase her sport…
- Reaction to discussion below: Melodee Lane Lingerie Co. was a tenant in a building where alarm systems were maintained by the ADT company. When the systems were defective and allowed water into the building, it damaged Melodee’s property; Then Melodee decided to sue ADT and their defense was that the service contract limited the liability to 10% of the annual service charge given to the customers. The limitation can be valid since the ADT company did not provide much liability protection. The ADT company can offer another protection plan to Melodee, which would cover her property but at a higher price rate. This case limitation of liability clauses will be enacted since ADT company was not fully liable for Melodee's property, which only would cover the limited 10%. A limitation of liability clauses contract states that one of the parties is not fully liable for damages in case of a breach. The ADT company is at fault for the malfunctions in their systems they should offer a higher…You are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.after a salesperson inspected a property and completed a brokerage engagement, the seller examined and signed that contract. And Georgia, if the salesperson sponsoring broker had mentioned in the salesperson written affiliation agreement that the salesperson could sign a listing agreement as the agent, because this person legally have done so? Yes, because the seller had already examined and signed the contract Yes, because the salesperson was the agent of the broker No, unless the salesperson had completed all the education courses required of a broker No, because a sponsoring broker was the sellers agent
- Case 2 There is a FOB contract under which the buyer has applied to the insurance company for warehouse to warehouse clause against all risks. When the goods were transported from the seller's warehouse to the loading dock, the risk loss within the coverage occurred. Afterwards, the seller requested the insurance company to make compensation with the “warehouse to warehouse clause” contained in the policy, but it was rejected. Later, the seller asked the buyer to claim compensation from the insurance company in the name of the buyer, but it was also rejected. Question:Why did the insurance company refuse to compensate the seller and the buyer? Full explanationA broker enters into a listing contract with a seller. The broker markets the property for several weeks and receives four offers. The seller selects the highest bid and ultimately closes on the property. However, the seller refuses to pay the broker their commission. What happens next? The broker can negotiate a smaller commission with the seller. О The broker can take legal action against the seller to obtain the commission owed to them since they successfully found a buyer for the property. О The broker can force the buyer to pay the commission. The broker cannot do anything as a commission in this case is only optional.31 - Which of the following bear only the obligations of being a trader?A) Government official who has established a commercial enterprise although it is prohibited to engage in commercial activitiesB) A pharmacist operating a pharmacy without the permission of the Ministry of Health.C) A 15-year-old person who runs a business on his behalf, even partiallyD) A 25-year-old person who runs a business on his behalf, even partiallyE) A person who acts with third parties in good faith on behalf of a company that does not exist legally
- A 71% leased 71,000 square foot office building in San Diego was acquired in February 2017 by a California LLC for $39 million. The property’s building/land ratio was determined to be 90/10 at the time of acquisition by the LLC’s accountant. The property was sold in February 2023 for $80 million after leasing the building to 92% occupancy. Tax deductible selling costs included a brokerage fee that was 4% of the sale price plus legal fees and other closing costs of $200,000. What was the total amount of the capital gain plus depreciation recapture upon which tax must be paid on the sale? a. $37,600,000 b. $43,000,000 c.. $41,000,000 d. $46,400,000which of the following is considered an Unfair Trade Practice under Florida law? A) Abandonment B) Coercion C) Consequential Damage D) WaiverA 71% leased 71,000 square foot office building in San Diego was acquired in February 2017 by a California LLC for $39 million. The property’s building/land ratio was determined to be 90/10 at the time of acquisition by the LLC’s accountant. The property was sold in February 2023 for $80 million after leasing the building to 92% occupancy. Tax deductible selling costs included a brokerage fee that was 4% of the sale price plus legal fees and other closing costs of $200,000. What was the total amount of the capital gain plus depreciation recapture upon which tax must be paid on the sale? $37,600,000 $43,000,000 $41,000,000 $46,400,000