final review questions 09 - AEM 3200; NBA 5600 Business Law...

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Business Law I Fall, 2009 Property and Agency Review Problems 1. Dave, a computer science professor at Cornell, used the inheritance he received from his uncle to buy the Colonial Building on the Commons in downtown Ithaca. He entered into an agreement with Ajax Construction Company to totally renovate the building, both inside and out. Ajax had submitted a bid to do the work after reviewing blueprints furnished to Dave by Design, Inc., a local architectural firm and visiting the site to look at the building. Unfortunately, the project did not proceed smoothly and Dave has some serious problems. a. In renovating the exterior of the building, Ajax set up scaffolding to allow its workers to reach the top floors to refinish the window frames and sandblast the stone. While two men were sandblasting the front of the building one morning, the scaffolding started to give way. One of the workmen dropped the equipment he was using in an effort to keep from falling himself and the piece of equipment fell and struck Patsy who was walking along the sidewalk below. Patsy is suing Ajax and Dave, alleging that they should have restricted a larger portion of the sidewalk area so that this type of accident would not occur. Assuming that Ajax is negligent , does Dave need to worry about liability? Why or why not? b. Part of Dave's contract with the architects provided that Design, Inc. would oversee the construction process to insure that the work was done well and in a timely fashion. Several weeks into the project, Dave learns from the supervising architect that he had been contacted by Ajax and told that in removing the existing ceilings in the building they discovered asbestos-wrapped pipes that had to be completely replaced at significant additional cost in order to comply with state law. Without informing Dave, the architect had given Ajax permission to replace the piping. In addition, Dave learned that the supervising architect and Ajax's president are cousins. Furious, Dave wishes to fire Design, Inc., hold the firm responsible for the additional costs incurred on the job, and perhaps recover damages if he can prove there was some kind of misconduct in the bidding process that had been supervised by the architects. Please advise Dave as to whether he has an legal basis for action. 2. Patsy and Paul went out for the evening in downtown Emerald City, first having dinner and then attending a jazz club. Paul parked his car in a lot owned by Dan that is down the street from the restaurant. Paul and Patsy were walking back to their car around midnight when they are attacked by four men. Paul was knocked unconscious in the parking lot next to his car and his wallet and car keys were taken and his car stolen. Patsy was struck several times and then dragged into an office building owned by Dan
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This note was uploaded on 08/12/2010 for the course AEM 3200 at Cornell University (Engineering School).

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final review questions 09 - AEM 3200; NBA 5600 Business Law...

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