Homework Assignment for Week 5 Please read the fact situation carefully, and using your knowledge of contract law, decide whether there is a contract between Jack and Cynthia. Your answer to the homework assignment should be published in the Course Content and Activities Questions section of the Canvas page. Other students in the class will be able to see your answer. Your answer should be as complete as possible. Do not deal just with conclusions. Example: if you say that a contract exist, that is a conclusion. Explain why you believe that a contract was or was not formed. Problem: On Thursday, May 14, Jack received the following letter from Cynthia: Dear Jack, I will let you have my `Cynthia House′ for this June-through- August season, same terms under which you occupied it last year. Please reply in a week.″ Jack notice Cynthia′s letter was postmarked May 11. On May 17, Jack learned that Cynthia had sold Cynthia House to Jones for Jones′ immediate occupancy. Jack immediately wrote Cynthia, ″I′ll take Cynthia House per your letter of the 11th.″ The normal course of post between Jack and Cynthia and Jack and Cliff was one day. Was a contract formed between Cynthia and Jack? Please explain. Please read the fact situation carefully, and using your knowledge of contract law, decide whether there is a contract between the doctor and David. Your answer to the homework assignment should be published in the Course Content and Activities Questions section of the Canvas page. Other students in the class will be able to see your answer. Your answer should be as complete as possible. Do not deal just with conclusions. For example: if you say that a contract exists, that is a conclusion. Explain why you believe that a contract was or was not formed. Problem: On Monday morning when you enter your law office, you find Dr. Ben Heartache, the fastest scalpel in the West, waiting. He needs legal advice. Two weeks earlier, Dr. Heartache explained, he emerged from the operating room after completing an exhausting three hour operation. He was immediately asked to go to the emergency room in order to assist with a diagnosis regarding an accident case. When the doctor arrived in the emergency room, he found an unconscious Professor Smith being attended to by his son, David David was so upset it was difficult for the doctor to find out exactly what had taken place. Apparently, the professor and his son were out for a Sunday drive when his car was hit by a large truck. The doctor immediately concluded that the professor needed emergency brain surgery, and advised David that a request had already been made for a prominent brain surgeon from the State University to come and operate on his father. Unfortunately, the university medical facility was located 78 miles away, and the professor′s condition was such that he might die before the surgeon arrived. David pleaded with Dr. Heartache. ″I know you′re exhausted, but I′m begging you. I′ll give you $45,000 if you will operate on my father. Please, please, operate!″ The doctor, moved by David′s plea, decided to operate. Fighting back fatigue, Dr. Heartache performed valiantly. I certainly earned that fee, the doctor said to himself, as he emerged from the operating room. The doctor truly put everything he had into the operation, but the injury was too great, and the professor died a few hours after the operation. When David learned what had happened, he fainted. Two days later, Dr. Heartache received an angry letter from David. ″Your incompetence was responsible for my father′s death,″ he wrote. ″Obviously, I′m not paying you a red cent. Try and collect, and I′ll make your life a living hell!″ Dr. Heartache feels that a valid contract entitling him to $45,000 was entered into by both parties. He feels that he has earned the fee, and would like to collect. How would you advise the doctor? Homework Assignment for Week 10 1. Jacob was involved in a car accident, was seriously hurt, and was lying unconscious in the middle of a busy street. Tom placed Jacob into his truck and drove him to the emergency hospital. During the short trip to the hospital, there was a moment when Tom lost his focus, and drove his truck into the side of another car. This resulted in aggravating Jacob’s injuries. Is Tom liable to Jacob? Please discuss. 2. A U.S. military regulation requires a medical doctor to be present during any flight into a battle area. Air Supply Services, a private company, operating in a support of American military forces, left for a battle zone in Iraq without the required medical doctor on board. During the flight, the co-pilot suffered a massive heart attack and was dead within a few minutes, before any medical care could be given. Is Air Supply Services liable to the family of the co-pilot? Please discuss. 3. William, a waiter, was asked by his supervisor to move several cartons of Pepsi Cola from the supply room to the main refrigerator of the café. While doing so in a careful manner, a bottle exploded, and caused serious injuries to William’s eyes and hand The cartons of colas had been stored in the supply room for three days following delivery. All the bottles had been inspected and tested by Pepsi before delivery. Since William is unable to show any act of overt negligence on the part of Pepsi, he would like to use the doctrine of res ipsa loquitur. Will he succeed? Please discuss.
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