BLS 111 SUNY at Binghamton Elements of Negligence Cases Study
Question Description
1. With Driver at the wheel, Driver and Passenger motored into town. Passenger fell asleep
during the trip. Driver parked 5 feet from a fire hydrant, next to a bank, in violation of a
municipal statute which bans parking within 10 feet of a fire hydrant. Driver went into
the bank to make a deposit. Passenger remained asleep. Trucker, who was driving
down the street where the bank is located, suddenly swerved the truck to avoid hitting a
dog which darted into the street and in front of Trucker’s truck. Trucker’s truck smashed
into Driver’s car resulting in a serious injury to Passenger.
Had Driver parked anywhere else, Trucker’s truck would not have smashed into Driver’s
car and injured Passenger. Passenger sued Driver in Negligence. Discuss whether
Passenger will recover in Negligence Per Se as against Driver. Passenger sued Trucker
in Negligence. Discuss whether Passenger will recover as against Trucker in Traditional
Negligence.
2.
Paul Produce made the following statement to Barbie Buyer…..”Hey Barbie, I am thinking of selling my complete supply of bananas for 10 cents per pound.” Discuss your legal position on whether the statement is an offer. If so, how long does it remain an offer? Now assume that Paul scribbled the above quoted words on the skin of a banana, gave the banana skin to Barbie and told Barbie that he was leaving soon for South America in order to get a new supply of bananas to sell. Discuss your legal position on whether the “banana skin” is an offer. If so, how long does it remain an offer? Now assume that Paul was in his garage working on his 1962 Studebaker Lark. During this work session, Paul felt chilly. Paul lit a bundle of rags and wood chips in order to start a small flame so that he could warm up. Unfortunately, because of the fire, the bananas that Paul and Barbie had discussed blew up and turned into useless “banana mush.” Now Barbie wants to accept the banana offer. Discuss the legal issues raised above. Use legal rules and concepts to support your legal discussion.
3.
Phyllis Fuller is 17 years old. Phyllis wants to buy a Corvette automobile.
The price of the Corvette is 82000 dollars. Phyllis works as a cash
register operator at The Greasy Spoon Restaurant. Phyllis earns 12 dollars per hour. Phyllis
works 20 hours per week.
Bob Ferapples is a Corvette Dealer. Phyllis went to Bob’s dealership
and informed Bob of Phyllis’ desire to buy a new Corvette.
Using relevant material as presented in the text, advise Bob how
Bob could structure this deal to make it work. Include all legal rules
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