Hi, I have 5 questions and i would like to comfirm. Q1. Mary, a doctor, renders
ID: 394572 • Letter: H
Question
Hi, I have 5 questions and i would like to comfirm.
Q1. Mary, a doctor, renders aid to Nancy, who is injured. Dr. Mary can recover the cost of the aid from Nancy
my Answer: 4
1.under no circumstances.
2.only if Nancy dies.
3.if she asks for Nancy's consent to the treatment.
4.only if Nancy is aware of the aid (i.e., Nancy is not unconscious).
Q2. Fortnight, Inc., agrees to deliver t-shirts emblazoned with video game characters for a certain price to Amazon Corporation. To constitute a contract, the terms of this deal:
My Answer: 3
1. must all be express.
2. must all be implied.
3.may be express, implied, or a mixture of both
4. may be express or implied, but not both.
Q3. H.E.B. enters into a contract with Fresh Transport Company for the delivery of a shipment of fresh produce. If ambiguities appear in the contract, they will be construed against:
My answer: 4
the party with the most bargaining power.
the obligee
obligor
4. the one who wrote it
Q4. Carlton believes that he and Dana agreed he would act as her personal sports trainer for eight workout sessions. In a later dispute, the existence of any contract can be judged by
My answer:1
the parties’ statements at the time they made their alleged contract.
2 what the defendant claims was the parties’ intent.
what the plaintiff claims was the parties’ intent.
4. what the parties agree they intended.
Q5. Molly goes to the auto dealership to buy a car. She selects a car, and signs a contract. The contract is mostly pre-printed, but does have some blanks, where the dealership fills in the details of the transaction. In the case of a conflict what will the court do?
My answer:2
the court will give more weight to the pre-printed parts of the form.
the court will give more weight to the handwriting than to the pre-printed form.
the court will try to determine what deal a reasonable person would make
the court will apply the technical meaning of the terms.
1. must all be express.
2. must all be implied.
3.may be express, implied, or a mixture of both
4. may be express or implied, but not both.
Explanation / Answer
Q1.Mary, a doctor, renders aid to Nancy, who is injured. Dr. Mary can recover the cost of the aid from Nancy
Answer: Only if Nancy is aware of the aid(i.e., Nancy is not unconscious)
Reason: If Nancy is conscious, Mary can ask the consent and get the recover cost. If Nancy is unconscious, Mary need not wait for the consent for treatment and doctor will get the cost of the aid for the treatment.
Q2. Fortnight, Inc., agrees to deliver t-shirts emblazoned with video game characters for a certain price to Amazon Corporation. To constitute a contract, the terms of this deal:
Answer: may be express, implied, or a mixture of both
Reason. Contract can be express, implied or mixture of both because the t-shirt quality should be good after wash which is an implied contract, credit payment which is an implied contract or contract can be mixture of both.
Q3. H.E.B. enters into a contract with Fresh Transport Company for the delivery of a shipment of fresh produce. If ambiguities appear in the contract, they will be construed against:
Answer: the one who wrote it
Reason: the party who drafted the contract will be construed as per law.
Q4. Carlton believes that he and Dana agreed he would act as her personal sports trainer for eight workout sessions. In a later dispute, the existence of any contract can be judged by
Answer: the parties’ statements at the time they made their alleged contract.
Q5. Molly goes to the auto dealership to buy a car. She selects a car, and signs a contract. The contract is mostly pre-printed, but does have some blanks, where the dealership fills in the details of the transaction. In the case of a conflict what will the court do?
Answer: the court will give more weight to the handwriting than to the pre-printed form.
Reason: As per law, more importance is given to written contracts.
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