business law reflection question

Chapter14

Read chapter 14 in the textbook and answer the following reflection questions. The answers are to be submitted for grading.

 

A. The seller is in New York and the buyer is in Philadelphia. The 3rd party carrier shipping contract reads F. O. B. , Philadelphia. What type of contract is this and who bears the risk of loss?

 

B. What if the contract in Question A, read F.O.B., New York? What type of contract would that be and who would bear the risk of loss?

 

C. At the end of the chapter in Business Scenarios and Case Problems, read, reflect on, answer, and submit a response to Question 14-2 (Merchant ‘s Firm Offer) on page 271.

 

D. At the end of the chapter in Business Scenarios and Case Problems, read, reflect on, answer, and submit a response to Question 14-6 (Goods Held by the Seller or Lessor) on page 271.

 

Chapter4

After reading Chapter 4 and completing the checklist for it, reflect on, answer, and then submit your responses to the following four questions which are more in hypo form.

Ref Ques. #1. For months, Sammy has allowed his garbage to accumulate in his backyard, next to a school playground. Little Maria at age five, sees what to her promises to be a nice toy among the trash and runs into Sammy’s backyard during recess. As she starts to pick up the toy, she is attacked and bitten by a huge rat. Maria falls down crying. A teacher on duty runs to her aid and an ambulance is called as well as Maria’s mother. Maria is taken to a nearby hospital and has to remain there for several days to due complications from the rat bite. Rats and other rodents have a nasty bite that can lead to a serious infection which unfortunately Maria developed. Indicate the parties that Maria and her parents may sue and describe the cause of action in each.

Ref Ques. #2. Workers from a moving company are delivering furniture to an apartment. While Stella is walking by, a table crashes through a window of the apartment and lands on her foot causing her severe pain and a serious injury. Identify the lawsuit that Stella may file and name the parties that she will most likely sue and state the reasons why.

Ref Ques. #3. George overslept. He got up late, dressed quickly, skipped breakfast, threw on some clothes, and jumped into his car. He was going to be late for work, again. He knew that the brakes on his car needed to be fixed, but he had neither the time nor the money to have the work done until after payday. George was driving on Spring Street, doing 35 mph in a 35 mph zone. Suddenly a little boy dashed out from behind a parked car about 50 feet in front of him. George immediately slammed on the brakes, but was unable to stop in time. George hit and injured the little boy. The parents of the little boy sue George for the child’s injuries. Discuss the legal issues the cases raises.

Ref Ques. #4. Fogerty was staying at the Homelake Hotel and took a bath in the tub provided with his room. When he was ready to get out of the tub, he pulled on a device in the wall of the tub called a “soap & grab”, which was designed to be used for the purpose of helping people pull themselves out of the tub. Instead of performing that function, however, the “soap & grab” pulled out of the wall and hit Fogerty in the face, breaking his nose and giving him severe cuts. What are Fogerty’s legal options?

 YOU BE THE JUDGE --- CASE #1

Read the following case and apply the concepts that you have learned from Unit # 3 -CONTRACTS in the textbook and answer the three questions below the facts of the case.

                                                             RAY’S RUGS v. JOANNE ROSINI

Joanne called Ray’s Rugs which is a new business in the neighborhood recently started by Raymond Smith. Ray came to her house with rug samples, advertising brochures and order catalogues for rugs. Joanne wanted to get wall-to-wall rugs on her first floor where the living room and dining room were. She picked out a rug with a bright color and designs that she liked and told Ray that she would pay him for the rugs and the installation. He proceeded to measure the two rooms so he could cut the rug to fit precisely in her two rooms with the living room being larger than the dining room. Within a week, Ray returned to install the rugs which he had cut precisely to fit both rooms. Joanne looked at the rugs as he unfolded them and started to lay them down. She yelled out “Oh no, these rugs don’t match the walls and furniture and I don’t want them.” Ray told her that he had already cut the rugs to fit the rooms and it was too late. Joanne opened the front door and told him to leave and take the rugs. He quietly left with his equipment and the rugs. When he went back to his store, he took out of his jacket a billing statement for $5,200. He decided to call his lawyer as he felt that this should be taken to court.

A. As to contract law, what arguments and concepts might be used to argue on behalf of Joanne and what arguments and concepts might be used by Ray?

B. In regards to what you have read so far on contract law and sale of goods, what advice would you give to Ray in conducting his business and in using written contracts when dealing with customers?

C. If this went to court and you were the judge, how would you rule and state legal reasons behind your opinion?