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Question I - Claire is severely injured in a car accident
Question I - Claire is severely injured in a car accident. The local hospital cannot treat Claire’s injuries. In order to survive, Claire must be flown via Helicopter to a hospital in a bordering state. Prior to boarding the helicopter, Claire signs a contract obligating her to pay for the helicopter flight and all of its expenses. Claire lives and fully recovers. However, she is being sued by the helicopter company in the amount of $50,000 for the helicopter transportation and its accompanying expenses. What is argument Claire could make in order to rescind the agreement? Does it matter that the helicopter company performed its obligation under the contract?
Question II - Bono is a musician. He sells his neighbor a gently used lawn mower at a deeply discounted price. The neighbor is dissatisfied with the performance of the lawn mower. Can the neighbor sue Bono under the UCC §2-314, the implied warranty of merchantability? Why or why not?
Question III - If cigarette companies want to work with one another for a common interest, what is one example that would allow the cigarette companies to do so without violating the Sherman Act? What source of law protects the cigarette companies’ actions?
Question IV - The year is 2012 and the light bulb has not yet been invented. Thomas Edison and Nikola Tesla are in a bitter feud to see who can bring electricity to the masses first. In this alternative history, it is indisputable that Tesla invented the lightbulb first. However, Edison filed his lightbulb patent prior to Tesla. According to the law in 2012, who holds the patent to the lightbulb?
Expert Solution
Answer 1:
The issue of Claire highlights the terms under which contracts are rendered valid or invalid. In this case, Claire signed a contract requiring her to meet the transport costs. This implies that she was in the capacity to contract (Beatty et al., 2018). Now that she fully recovers, she has to pay the amount agreed upon as there is no argument she can use to rescind the contract. Since the helicopter company kept its obligation under the agreement, the contract remains valid, and Claire has to honor it.
Answer 2:
The question concerns the grounds on which the UCC §2-314 warrant of merchantability operates. According to this warrant, merchants are required to assure buyers of the quality of products failure to which they may be sued (Anzivino, 2017). In the case of Bono, the law does not apply since he is a musician and not a merchant.
Answer 3:
The Sherman act prevents companies from coming together in conspiracy or trade inhibition (Page, 2017). In the case of cigarette companies, they may decide to come together to source raw materials at lower prices. This combined effort is set to help all companies without violating the Sherman act.
Answer 4:
The American Invent Act gives the solution to the question of patents and ownership. This law was passed in 2011 and holds that the first-to-file owns the patent (Beatty et al., 2018). This law shifted the focus from the first-to-invent law, which was in effect before 2011. Therefore, in this case, Edison will be the rightful owner of the light bulb patent.
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