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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?
The full faith and credit clause prevents a state from imposing unreasonable burdens on
citizens of another, particularly with regard to means of doing business.
Falsifying public records or altering a legal document is larceny.
An incidental third party beneficiary cannot sue to enforce the contract because the
benefit is unintentional.
Generally, the strict liability of manufactures and other sellers does not extend to
injured bystanders.
Ratification involves a question of intent, and intent can be expressed only by words.
The laws governing franchising are primarily designed to protect franchisors from
dishonest franchisees.
Nominal damages are designed to punish a wrongdoer and set an example to deter
similar conduct in the future.
Procedural law consists of all laws that outline the methods of enforcing rights.
Discovery is the process of obtaining information from an opposing party before trial.
The UCC views the entire commercial transaction for the sale and payment for goods as
a single legal occurrence.
Performance can be accomplished by tender.
The litigation process has three phases: filing, answering, and appealing.
A seller is not required to give a written warranty for consumer goods sold.
For an employer to successfully defend against a charge of a supervisors sexual
harassment, the plaintiff-employee must have taken a tangible employment action
against the supervisor.
Risks ordinarily assumed in business constitute consideration for the modification of a
contract.
