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Homework answers / question archive / Poor "Lucky," the 12 year-old recently neutered, partially blind pit bull with a missing right ear, and missing tail, his luck finally ran out - a car accidentally ran a stop sign and ran over Lucky while he was being walked by his owner

Poor "Lucky," the 12 year-old recently neutered, partially blind pit bull with a missing right ear, and missing tail, his luck finally ran out - a car accidentally ran a stop sign and ran over Lucky while he was being walked by his owner

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Poor "Lucky," the 12 year-old recently neutered, partially blind pit bull with a missing right ear, and missing tail, his luck finally ran out - a car accidentally ran a stop sign and ran over Lucky while he was being walked by his owner.   Lucky's owner was not injured.  Lucky's owner rushed Lucky to the veterinarian and received a $10,000 bill.  The owner's best friend, Lucky, could not be saved.

1.    What damages are available to Lucky's owner.

a.  The fair market value of a 12 year-old recently neutered, partially blind pit bull with a missing right

ear, and missing tail.

b.  Emotional distress damages for witnessing Lucky being run over by a car.

c.  Loss of companionship damages

d.  $10,000 for the veterinarian bill.

e.   A and D are correct.

 

2.    Under California law, Lucky is considered to be:

a.     Personal property entitling the owner to economic damages for Lucky's death.

b.     Unique property entitling the owner to non-economic damages for Lucky's death.

c.     Special property entitling the owner to economic and non-economic damages for Lucky's death.

d.     Unique property entitling the owner to special damages for Lucky's death.

 

3.    Billy-Bob owes Homer $10,000,  Jethro telephones Billy-Bob and tells him not to worry,  that he'll pay Homer the money that Billy-Bob owes him.  This promise is:

a. Unenforceable because it is an oral guarantee to pay the debt of another.

b. Enforceable because of the partial performance doctrine.

c. Unenforceable because Jethro's promise is valued at over $500.

d. Enforceable as an oral promise.  

 

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Answer:

1)e.   A and D are correct.

The owner of the injured dog or cat can seek a reduction in the animal's market value as damages. The reduction of the animal's market value means the owner of the dog or cat will be compensated for the difference between the animal's market value prior to and after the injury. Further, the injured dog or cat owner can still recover reasonable and necessary damages incurred for the animal's treatment following the injury, including all medical, pharmaceutical, and boarding costs.

 

2)a.     Personal property entitling the owner to economic damages for Lucky's death.

California classifies dogs, cats and, indeed, all animals, as the personal property of the owner. The California courts have given economic relief to animal owners whose pets are injured by other humans.

 

3)a. Unenforceable because it is an oral guarantee to pay the debt of another.

Under statute of fraud, If there is a promise to pay debt of another person then it must be evident by in writing not orally.

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