Andy whispers into Anthony's ear, calling him terrible names, accusing him of horrible personal acts, and all sorts of other nonsense. Anthony can bring a successful suit for: battery defamation slander none of these
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- X bought a skin whitening product she saw on tv because it was claimed to be "the best in the market today." The product did not actually deliver the result expected by X. There is vitiation of consent due to fraud.Write an email to Judith's parents declining an offer of a gift.Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…
- 1. Wong, a Mathematics teacher made an advertisement in her facebook for Mathematics tuition with a ‘Money back guarantee for those who did not get an “A” in the SPM examination”. Shah enrolled his daughter, Teyha to Wong’s tuition class. When Teyha sat for the SPM examination, she obtained a “B” for her Mathematics paper. Shah went to see Wong and demanded that he return the tuition fees that he paid him. Wong refuses to return the fees to Shah. a. Advise Shah in this matters. b. In the course of your answer, explain FOUR (4) situations that may lead to invitation to treat. Support your answers with Contracts Act 1950 and decided cases.What is a release of liability clause (exculpatory clause)?In 1992, Donna Smith telephoned Clark, the man- ager of Penbridge Farms, in response to an adver- tisement Clark had placed in the July issue of the Emu Finder about the availability for sale of proven breeder pairs. Clark told Smith that he had a breeder pair available. Clark sold the pair to Smith for $16,500. Some months later, after Smith had had a chance to inspect the pair, she discovered that Clark had sold her two males. Smith immediately notified Clark and revoked her acceptance of the animals. Clark said the revocation was too late. Was it?
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- Ridwaan, a seventeen year old trainee chef, found work at a restaurant. However the restaurant was a little farfrom where he lived. Public transport was available but Ridwaan found it inconvenient. Ridwaan saw apromotion on social media by Fantastic Cycles Pty Ltd with a great deal on e-bikes worth $5000. The businessallowed a payment plan to anyone who purchased an e- bike and had a secure job. Ridwaan decided hewanted a bike to ride to work. He went to Fantastic Cycles and picked out a great looking e-bike. Thesalesperson checked with Ridwaan's employer, Sunset Restaurants Ltd, who confirmed he worked there.Ridwaan entered into an agreement to purchase the bike paying by instalments and signed a written contract.Ridwaan took the bike home but a month later lost his job and told the business he did have to continue topay for the bike because he was under 18 years of age. However Fantastic Cycles disagree and now wish tosue Ridwaan to recover payments for the e-bike. A. Discuss whether…Please do not give solution in image formate thanku What is the point of having a known endangerment provision if it does not apply to the endangered Borjohn employees? Whome does the statute protect and why? ExplainRJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend workingat RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floorof a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can beher exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer,RJ Booker would be entitled to the standard Real Estate industry commission rates for agents.Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agencycontract.Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisahad told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the resultof a property inspection”. The very next day, Mimi received an email offer from a third party and…