Short Answer (5 points each)
1) Elton is a limited partner in Destiny Tours, a limited partnership. Collection Credit Company, a Destiny creditor, claims that Eton is subject to personal liability for Destiny's debts because Elton has the right, as a limited partner to take control of the firm. Is Collection Credit correct? Explain your answer.
2) Evan Smith experienced a heart attack in the emergency room of Baptist Memorial Hospital after being given a dose of penicillin for a sore throat. Smith sued the attending physician as well as the hospital. The hospital called itself a full-service hospital with emergency room facilities. Baptist Memorial did not consider the doctors to be its agents. For tax and accounting purpose the doctors were not treated as employees of the hospital. Based on this information, discuss whether the doctors who treated patients in the emergency room were agents of the hospital.
3) Justin Jones suffered from genital herpes and sought treatment from Dr. Steven Baisch of Region West Pediatric Services. A nurse assistant, Jennifer Hallgren, who was a Region West employee, told her friends and some of Jones’s friends about Jones’s condition. This was a violation of the Region West employee handbook, which required employees to maintain the confidentiality of patients’ records. Jones filed suit in a federal district court against Region West, among others, alleging that Region West should be held liable for its employee’s actions on the basis of Respondeat Superior. On what basis might the court hold that Region West was not liable for Hallgren’s acts? Discuss fully.
4) As a beginning songwriter and performer, you are convinced that a certain model of guitar is what you need to turn the musical world on its ear. Chick's Music store advertises the item but because the store is sold out when you get there, you accept a rain check signed by Daria, one of the employees. You return to the store one month later, but Chuck refuses to honor the rain check. Under the UCC would you win your suit to enforce the contract? Why or Why not?
5) On May 1, you contract orally with Johnny, a salesperson with Keyboards Emporium, to buy for $450 an electric organ for your personal enjoyment with delivery to occur on July 1. On May 15, you ask for delivery on June 1 and Johnny agrees. But delivery does not occur on June 1. The store later tells you delivery will be on July 1 as agreed in the first place. Under the UCC which delivery date is binding? Explain. Would there be a difference under common law contracts? Explain
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