1.James, a businessperson, is a friend of Laura, the owner of a coffee and baked goods store. Every day, James spends around ten minutes in Laura’s store, looking at the baked goods and usually buying one or two items. One afternoon, James goes into the store, looks at the items, and picks up a $1 chocolate chip cookie. James waves the cookie at Laura without saying a word and walks out. Laura sees James wave the cookie and says nothing. Is there a contract? If so, how would it be classified in terms of formation, performance, and enforceability?
2.James, a businessperson, is a friend of Laura, the owner of a coffee and baked goods store. Every day, James spends around ten minutes in Laura’s store, looking at the baked goods and usually buying one or two items. One afternoon, James goes into the store, looks at the items, and picks up a $1 chocolate chip cookie. James waves the cookie at Laura without saying a word and walks out. Laura sees James wave the cookie and says nothing. Is there a contract? If so, how would it be classified in terms of formation, performance, and enforceability?
3.James, a businessperson, is a friend of Laura, the owner of a coffee and baked goods store. Every day, James spends around ten minutes in Laura’s store, looking at the baked goods and usually buying one or two items. One afternoon, James goes into the store, looks at the items, and picks up a $1 chocolate chip cookie. James waves the cookie at Laura without saying a word and walks out. Laura sees James wave the cookie and says nothing. Is there a contract? If so, how would it be classified in terms of formation, performance, and enforceability?
4.Dixie, a driver for Express Delivery Company, leaves the truck’s motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?
5.Bob is shopping in Carl’s Hardware Store when a nail gun in use by Dan, one of Carl’s employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer of the gun, for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?
6.Recreation & Sports Equipment Corporation sells a product that is capable of seriously injuring consumers who misuse it in a foreseeable way. Does the firm owe an ethical duty to take this product off the market? What conflicts might arise if the firm stops selling this product?