QUESTION 32 Barbara purchases a Radartel cellular phone. One of the reasons she
ID: 362638 • Letter: Q
Question
QUESTION 32 Barbara purchases a Radartel cellular phone. One of the reasons she bought this was for security because she lives alone and often travels alone. After using the phone for about a week, she noticed that the rechargeable batteries (supplied in the phone by the maker) lasted a shorter time than claimed by the manufacturer. One evening a few days later, Barbara was in bed, but not yet asleep, and heard someone in her living room. She picked up the cellular phone from beside her bed and attempted to make an emergency call to 911, but the batteries were dead. She panicked and stayed in her bed motionless. About 5 minutes later, the burglar came into her bedroom, at which point she screamed. As he then tried to climb out the bedroom window she hit him with a lamp, but he kicked it back at her and injured her. The burglar got away and was never caught. Barbara sues Radartel, the maker of the phone. Prior to the lawsuit she returned the phone to the store where she bought it and learned that the batteries were defective, at which point she was provided with new batteries which have worked properly since then. Discuss the likely basis for Barbara's suit, the defenses that Radartel might raise, and the likely outcome Path: p Words:0 QUESTION 33 Fran, a freshman, arrives at college ready to start her first year. Her parents give her $1,000 as an early birthday present because her eighteenth birthday is in October She purchases the latest appliance from a local store: a compact (size of a file cabinet) combination beer-brewing refrigerator. The compact size allows her to fit it in her dorm room without her Resident Advisor (RA) knowing about it, which is important because such appliances are not allowed in her dorm. Not only is it the size of a file cabinet, it is made to look like one. One hot September afternoon, her RA notices her dispensing a beer and discovers that the file cabinet is in reality a microbrewery The following conversation takes place: RA: You have 24 hours to get that out of here! Fran: But then it'll be a hassle to get beer RA: Yeah, I know what you mean. That sure is convenient. How is the beer? Fran: It's pretty good. Better even than Snail Ale or Critter Bitter. If you let me keep this here all year, you can have unlimited access, except when I'm sleeping. RA: It's a deal, so long as you don't tell anyone about it. Fran: O.K. Fran soon becomes the most popular person in her dorm. The people coming and going to her room prompt the RA to tell her just after Thanksgiving that she must remove the appliance at the end of the semester. She sues the RA for breach of contract. Discuss the arguments that each might raise and the court's likely resolution.Explanation / Answer
Q32.
As Barbara purchased a Radartel cellular phone for her security reasons, she faced many consequences that the phone battery was not working from past one week. During an emergency in her house, she was unable to call to an emergency number, as it could prevent the risky situation which was happened in her house. The manufacturer of Radartel Cellular Phone Company must face the lawsuits from Barbara which is necessary she needs to approach to the law, as the phone is purchased with a price and during an emergency, Barbara could not make a call. The burglar has kicked her badly which was suppose to have not happened if she can call the emergency numbers before the burglar entered her room. The manufacturer of the phone should face legal consequences, Barbara is required to highlight the incident so that outcome may help others stop buying that brand from the manufacturer and these may lead to the ban of that brand until the battery issues meet the standard in its quality.
Q33.
Fran as a college student staying at Rent under a Resident advisor (RA) room, her parents gifted her $1000 as a birthday gift and she has bought a refrigerator where she wants to store the beer. As per the strict instructions has given by the RA in the contract not to bring anything without taking permission. She has stored an ample of beer in the refrigerator which was totally not permissible by RA. But during some conversation, Fran and RA mutually agreed that Fran can go ahead with her beer but with a condition from RA that she has to share the beer with RA. She agrees with RA and makes a deal.
But during the end semester RA told her to remove the appliances. Fran sues RA for breaching with the contract as it was a deal that until her college ends the appliances will be present in the room. Fran appeals to the court as it was entirely a breach in the contract, as RA has also taken the full advantage of her beer and it was a deal among them that RA will have the full access in her beer but now suddenly RA is changing the contract which is not acceptable. The court can bring a positive verdict towards Fran as the contract was made as per the law and RA anyhow cannot break the contract. Thus some charges for RA can be held taken for harassing Fran and in this way the solution can be obtained.