Digg Deep Inc. makes and leases a backhoe to Estes. Due to a defect attributable to Digg Deep's negligence, Estes is injured in an accident in which his neighbor Fortis is also hurt. In a product liability suit based on negligence, Digg Deep may be liable to a) Estes only. O b) O c) no one. Estes and Fortis. d) Fortis only.
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- 8. Giancarlo hired Hometown Handyman (HH) to renovate his home. Due to the extremely careless actions of HH employees, there was extensive damage to the home. Giancarlo sued HH for breach of contract and negligence. Which of the following remedies is NOT designed to compensate the plaintiff for a loss? a) Special damages b) General damages c) An accounting of damages d) Exemplary damaqesWhen it comes to a manufacturer who is negligently manufacture goods, a. only the consumer who purchased the goods and suffered harm may sue the manufacturer b. only the family members who suffer harm can sue the manufacturer c/ both the consumer and hir family members who suffer harm can sue the manufacture d. the family members cannot sue the manufacturer because there is no privity between them and the manufacturer e. none of the aboveMr. Cruz was an employee of ABC Trading. He was killed by a co- employee in one of their regular “inuman" session. A case was filed by the heirs of Mr. Cruz against the co-employee. The court decided in favor of the heirs and awarded them the following: Description Amount Compensatory damages Moral damages Exemplary damages For attorney's fees and cost of lawsuit Consequential damages representing the loss of the victim's earning capacity P400,000 800,000 200,000 500,000 1,300,000 How much of the above is return of capital? P3,200,000 O P2,400,000 P2,200,000 P1,900,000
- Briefly explain what a person who is hurt by a product must prove against the defendant under the negligence doctrine of product liability. Is everyone in the chain of distribution liable to the plaintiff under this theory? Why is it difficult for a plaintiff to prove a negligence product liability case? (Note: This question refers specifically to a negligence product liability suit. This is not exactly the same as the response for Question 1.)If BrainTrain and Natasha had executed a written contract which contained a liquidated damages clause for $200 in the event that BrainTrain breached, and assuming BrainTrain admits to a breach, would that clause be upheld in court? Select Correct Answer a) Yes, it is reasonable and fair. b) No, in this case, actual damages can be easily determined. c) No, the amount is too low for the type of harm she suffered.Vaughn Manufacturing is being sued for illness caused to local residents as a result of negligence on the company's part in permitting the local residents to be exposed to highly toxic chemicals from its plant. Vaughn's lawyer states that it is probable that Vaughn will lose the suit and be found liable for a judgment costing Vaughn anywhere from $1820000 to $8970000. However, the lawyer states that the most probable cost is $5370000. As a result of the above facts, Vaughn should accrue O a loss contingency of $5370000 but not disclose any additional contingency. O a loss contingency of $1820000 and disclose an additional contingency of up to $7150000. O no loss contingency but disclose a contingency of $1820000 to $8970000. O a loss contingency of $5370000 and disclose an additional contingency of up to $3600000.
- J owns an HO-2 Form on J's home. If J losses control of J's uninsured auto and crashes through J' living room wall, J's HO-2 Form will pay damages from: a. Coverage A less the deductible b. Coverage B with no deductible c. Coverage E with no deductible d. Coverage F less the deductibleThompson’s house was destroyed by fire and claims were filed with the insurance company. The insurance company (insurer) hired Cannon to investigate the fire as it was suspicious about the cause. Subsequently, the insurer denied the claims based on Cannon’s report. Thompson sued the insurer and Cannon. Thompson claimed to be a third party beneficiary of the Cannon-insurer contract. Is Thompson correct? If not, what type of beneficiary is he and why? Dwayne Company, a manufacturer of viagra has had a lawsuit filed against it by Vic Incorporated, another manufacturer of viagra. The suit alleges patent right PROBLEM 26-28 Contingencies infringements by Dwayne Company and asks for compensatory damages. For the following likely situations, determine how Dwayne Company should report the information concerning the lawsuit. The choices are: a. Accrue and disclose b. Disclose only Accrue only d. Neither accrue nor disclose combrere 1000 iM 000,000,S9 С. 000 Assume the following independent cases: 1. Dwayne Company's legal counsel estimates that the infringement case may result in a loss of P2,000,000 but considers the likelihood of losing the case as remote. 2. Dwayne Company's legal counsel is convinced that the likelihood of losing the case is probable, the potential amount of the loss is estimated to be no P2,300,000. 3. Dwayne Company's legal counsel estimates that the infringement case may bad result in a loss of P2,400,000 but…
- Dennis owes Cart P1M. Xanabelle, without the knowledge or against the will of Dennis paid Cart P2M. Can Xanabelle get reimbursement from Dennis? P2M by way of reimbursement from Dennis to prevent unjust enrichment on the part of Dennis at the expense of Xanabelle. P1M only for that is the extent of benefit of Dennis. No reimbursement because the payment was not proper being without the knowledge or against the will of Dennis. P1M plus interest from the time of payment until reimbursement.Sharp Accounting rents a floor in an office building. Their insurance advisor has suggested that they consider coverage under the Legal Liability Coverage Form. The Legal Liability Coverage Form Provides a lower premium rate than direct property insurance on the covered real property. Contains a coinsurance condition that applies to property in Sharp's custody. Contains a deductible that applies to damage caused by Sharp. Provides coverage for property of others in Sharp's custody regardless of fault.Amy is a creditor of Bia. In order to escape the liability to Amy, Bia sells all his property to Cathy. May Amy ask for rescission of the contract of sale between Bia and Cathy? * Yes even if the right of levy and execution and accion subrogatoria are still available. Yes because creditors are protected in cases of contracts intended to defraud them. No because Amy is not a party to the contract. No because Amy has no right of rescission.