54. It gets very hot in Memphis, Tennessee during the summer months. For this re

Question

54. It gets very hot in Memphis, Tennessee during the summer months. For this reason, all of the office buildings in downtown Memphis have air conditioners in their windows (except, of course, for the newer buildings which have central air conditioning). One day, Molly, an attorney is walking along the sidewalk – on her way to the federal courthouse – when an air conditioning unit falls on her head from a third-story window. What doctrine will very likely be applied in a subsequent lawsuit brought by Molly against the building’s owner?
a. Contributory negligence
b. Comparative negligence
c. Assumption of the risk.
d. Res ipsa loquitor.
e. None of the above



56.. Jerome, an architect, is inspecting a Hayward construction site for a large building he designed (actually, it is a new residence hall for CSUEB). Suddenly, a worker drops a hammer from two stories up. Jerome was not wearing a safety helmet at the time. Jerome sues the construction company. The jury concluded that Jerome has suffered $500, 000. In damages. The jury al so believes that Jerome was 20 percent liable for the accident, and the construction company was 80% liable. Finally, California is a comparative negligence state. Result? .
a. Jerome loses.
b. Jerome wins $400,000.
c. Jerome wins $500,000.
d. Jerome wins $250,000
e. None of the above.

12. Jim works in Bob’s pet shop. He would not be liable for the following activity:.When
a) salesperson offers to sell the shop a rare bird, Jim buys it for his own account instead.
b) Right in the middle of a busy Saturday afternoon (when the shop is filled with customers), Jim gets drunk and performs an obscene parrot imitation in the pet shop’s display window.
c) Jim knows that Bob has been trying to purchase a broad-headed snake for a very long time, and that Bob has been unsuccessful they are an endangered species and, thus, under federal law cannot be sold. One day, a person enters the store and offers to sell the store a broad-headed snake – Jim rejects the offer because he hates snakes.
d) Jim tells Bob that there are only 10 gerbils in the store when there are really 20.

13. Dr. Rebecca Brainiac wrote Dr. Louis Nerd offering him a position at Big State University (BSU). In the letter, Brainiac stated that this appointment was “contingent - your appointment must be approved by the BSU hiring committee.” Nerd believed, however, that the hiring committee acted only as a “rubber stamp” and its approval of his appointment was certain. Nerd accepted the “contingent offer,” sold his house, and quit his old job. Three weeks later, the hiring committee voted against Nerd and the “offer” was rescinded.

Did Brainiac have apparent authority to make an offer on BSU’s behalf?

a) YES

b) NO

12. Jim works in Bob’s pet shop. He would not be liable for the following activity:.When
a) salesperson offers to sell the shop a rare bird, Jim buys it for his own account instead.
b) Right in the middle of a busy Saturday afternoon (when the shop is filled with customers), Jim gets drunk and performs an obscene parrot imitation in the pet shop’s display window.
c) Jim knows that Bob has been trying to purchase a broad-headed snake for a very long time, and that Bob has been unsuccessful they are an endangered species and, thus, under federal law cannot be sold. One day, a person enters the store and offers to sell the store a broad-headed snake – Jim rejects the offer because he hates snakes.
d) Jim tells Bob that there are only 10 gerbils in the store when there are really 20.

Explanation / Answer

54. res ipsa loquitur : In the common law of torts, res ipsa loquitur (Latin for "the thing speaks for itself") is a doctrine that infers negligence from the very nature of an accident or injury, in the absence of direct evidence on how any defendant behaved.

56. b. Jerome wins $400,000. Pure Comparative Negligence: Plaintiff's damages are totaled and then reduced to reflect his/her contribution to the injury. - See more at: http://injury.findlaw.com/accident-injury-law/contributory-and-comparative-negligence.

12. Jim works in Bob’s pet shop. He would not be liable for the following activity:.When

a) salesperson offers to sell the shop a rare bird, Jim buys it for his own account instead.

13. a) Yes , She has the authority of making an offer but not for approval as BSU hiring committe shall approve.

I hope your question is addressed satisfactorily.

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