Critical Thinking in the Legal Environment: Torts and Product Liability A Review of the Pearson v. Chung and Liebeck v. McDonald’s Restaurants Lawsuits Executive Summary This paper will compare and contrast the legal and ethical factors surrounding the Liebeck v. McDonald’s and Pearson v. Chungs lawsuits all of which have been labeled frivolous. The first case is of Liebeck v. McDonald’s, Liebeck simply wanted a cup of coffee from McDonald’s. The second case of Pearson v. Chung, Pearson
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END USER LICENSE AGREEMENT VIRTUALLTEK FREE LICENSE (VFL) LICENSE AGREEMENT This is a legal agreement between you, the end user, and VirtuallTek. By installing and/or open the software you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this agreement, uninstall and/or delete the software immediately (including sub-systems to be installed for this). The software is free, so if you pay for it, contact us immediately with VirtuallTek. CONFIDENTIAL
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breakdown of the cost of the contract was not provided a determination could not be made to substantiate Gulash accusation of breach of implied warranty. This contracts looks to be a construction contract which would not be governed by Article 2 of the UCC. The court ruled in favor of Stylarama because Gulash had the burden of proof to establish the existence of a warranty under the UCC, and he failed to do so. (Gulash v. Stylarama, 1975)
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license fee, temporary software module, commercial computer software, software license agreement, single location, suppliers grant, rights clause, license fee. Preamble 1 Single User License Grant: 1 Multiple-Users License Grant: 1 LIMITED WARRANTY. 2 DISCLAIMER. 3 Preamble SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY CLICKING ON THE ACCEPT BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING
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Jumpstarter Inc and the theory that he can use to recover from the company. Additionally, the paper presents the defenses the accused can apply in the case. Plaintiff Bob Hartley can recover from the company if he would stand in the theory of implied warranty. According to the theory, a promise made to a consumer from the operation of the law means that a product that is sold would be fit and merchantable to the purpose of its sale. In this case, the theory comes in two basic assertions, which are
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Lighters: Child’s play or liability? According to the U.S. Fire Administration, over 35,000 fires are set by children each year and 8,000 of those fires are set in homes (“Curious Kids”, 2006). Fires can be very attractive and many children are fascinated by it. Oftentimes children are exposed to some type of fire, from a lit candle on a birthday cake to campfires and fireplaces, or even fireworks. Many children become curious of this phenomenon and almost always, they will attempt to start a
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NONDISCLOSURE AGREEMENT This Nondisclosure Agreement (this "Agreement") is made effective as of ________________ (the "Effective Date"), by and between Mobile Photo Booth, LLC (the "Owner"), of PO Box 22408, Eagan, Minnesota 55122, and ___________________________________ (the "Recipient"), of _________________________, _________________________, _________________________ __________. The Owner is Renting and Providing Photo Booth Services. The Recipient is Providing Contracting Services to
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SALE A nominate contract whereby one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing and the other to pay therefor a price certain in money or its equivalent. Delivery and payment in a contract of sale are so interrelated and intertwined with each other that without delivery of the goods there is no corresponding obligation to pay. The two complement each other. It is clear that the two elements cannot be dissociated, for
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[pic] Data Classification Policy Disclaimer of warranty—THE INFORMATION CONTAINED HEREIN IS PROVIDED "AS IS." HAWAII HEALTH INFORMATION CORPORATION (“HHIC”) AND THE WORKGROUP FOR ELECTRONIC DATA INTERCHANGE (“WEDI”) MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO ITS ACCURACY OR COMPLETENESS. WEDI AND HHIC SPECIFICALLY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
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Windows Enabler Overview: Windows Enabler is a program that runs on Microsoft Windows 95/98/Me/NT4.0/2000. It allows the user to enable disabled windows and controls such as buttons and tick boxes and choose menu options that would normally be disabled. This is obviously a very dangerous practice if used recklessly but having said that, you’d be surprised at how often it comes in handy. Windows Enabler has a very simple user interface; it appears as an icon in the system tray and can be turned
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