considered the contract discharged . Racer claimed that she is still entitled to the $ 2500 fee because she and Owner had a valid enforceable contract .
Compare and contrast the rights and possible liabilities for a merchant selling goods in “ As Is ” condition with the rights and possible liabilities for selling goods with an express warranty stating , “ This product is quality Grade A ”.
There are extensive federal regulations governing airplanes and pilots . Assume that the state of New York passed a statute containing numerous requirements , some conflicting with federal regulations , covering operation of airplanes and licensing of airplane pilots
Fran , Joe , and Mike formed a general partnership to operate a flower shop called Fresher Flowers . One of Fran ’ s jobs is to make deliveries using the partnership truck . In one such delivery , Fran negligently ran a stop sign , striking a car driven by Peggy , causing damage to the car and injury to Peggy
Patti entered a running marathon , sponsored by ABC Co . During the race , Patti fell and broke her ankle .
Determine the likely result if Patti sues ABC for damages for her injury – and why .
Leon , a bank vice president , joined Fitness Center , Inc . ( FC ). He signed a contract for the membership . The contract stated , among other things , an exculpatory clause that FC …
“ shall not be liable for any claim , demand , cause of action of any kind whatsoever for , or on account of death , personal injury , property damage or loss of any kind resulting from or related to Member ’ s use of facilities or participation in any sport , exercise or activity within the club premises …”