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Question: The Marglin family moved from Indianapolis to


The Marglin family moved from Indianapolis to New York and rented an apartment smaller than the one they had left. Marglin arranged to have the excess furniture stored at Global Transportation and Storage Company. During the year that the furniture was in storage, Global stored some animal hides near the furniture. When Marglin picked up the furniture, he found that it had a very unpleasant odor. When Marglin complained, Global insisted that it had provided storage as agreed. Marglin brought suit for negligence and claimed that Global had failed to provide the ordinary care required. Will Marglin succeed?
Principle of Law:
Decision:


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> Explain the legal concept of assignment of contracts and provide an example of a contract that is assignable.

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> Smith was represented by Lewis, an attorney, in a divorce action against her husband, General Smith. General Smith was employed by the California National Guard and, as a state employee, belonged to the State Employees’ Retirement System. Lewis advised S

> From the early 1950s until his death from smoking-related lung cancer in 1997, Williams smoked cigarettes, primarily the Marlboro brand, eventually developing a habit of three packs a day. At that point, he spent half his waking hours smoking and was hig

> Merck, a major pharmaceutical company, produced a popular painkiller called Vioxx. Despite the drug being approved by the FDA, several studies linked usage of it to cardiovascular risks relating to heart attacks and strokes. Internal e-mails indicated th

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> Michael A. Smith was a regional operations manager for the Pillsbury Company. In this capacity, he regularly used the company’s e-mail server. The company regularly assured its employees that all e-mail communications would remain confidential and privil

> Timothy R. McVeigh (no relation to the Oklahoma City bomber) was a highly decorated, 17-year veteran of the U.S. Navy. McVeigh was a gay male who, while using an alias, sent an e-mail message to a civilian Navy volunteer through AOL. The volunteer search

> Rural Telephone Service Company was a public utility providing telephone service to several communities in Kansas. Rural published a typical telephone directory consisting of white pages and yellow pages. Feist Publications was a publishing company speci

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> Before Dora Diggs, a widow, died, she left a handwritten document that read, “I want Tom R. Preston and Mattie Price to be the administrators (executors) to settle my estate.” Following this she listed various assets. A dispute arose about whether the de

> The trustees of a labor union pension fund delivered various stocks and bonds to a bank under an agreement that provided that the bank would act as the trustees’ agent in investing the fund’s assets. The agreement also provided that the bank was “authori

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> Harmon, the owner of a suburban house, rented it for one year to Wagner and his wife, who had just moved into the city from another state. Two months after moving into the house, the Wagners divorced, and both husband and wife moved to smaller facilities

> An intruder entered through a window and raped McCutchen in her apartment. McCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through a window. Ten Associates claimed tha

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> Provide an example of a contracting party offering consideration by doing something that he or she is not legally required to do.

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> Dale, an assistant scoutmaster for the Boy Scouts, lost his position when the organization learned that he was gay. Dale contended that he was the victim of discrimination, while the Boy Scouts argued that they were exercising their First Amendment right

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> Blodgett, while walking on a public sidewalk, was injured when a large piece of wood fell from a construction job at the offices of Olympic Savings and Loan Association. The construction work was being done by Drury Construction Company. Blodgett sued bo

> Washington purchased an automobile from Courtesy Motor Sales, a Ford automobile dealer. After the car was delivered, she discovered that the car she thought was new was, in fact, used and that the odometer had been turned back to conceal the mileage. Was

> Ferrara made a contract with Perret without informing her that he was acting on behalf of National Steel Wire Company. Ferrara had actual express authority, as provided in his contract of agency with National. The contract was breached and Perret sued Na

> Adano Restaurant Supply, which sells only to commercial customers, sold 200 plastic dishes to Airport Diner. When the owner of the diner attempted to wash the dishes in the dishwasher, they were distorted by the heat. Airport Diner claimed that there was

> Walters bought a power lawnmower. Attached to the engine was a tag that read in part, “For 90 days from purchase date Power Engine Company will replace for the original purchaser, free of charge, any part or parts found, upon examination at any factory a

> Gates entered into a contract with Mennonite Deaconess Home & Hospital for the installation of a new, “one-ply roofing system.” The work was to be done by an installer chosen by Mennonite but approved by Gates. When the work was nearly complete, but befo

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> Identify the major provisions of the privacy rule in the HIPAA.

> Gagne made a good living selling snacks, hamburgers, and refreshments at athletic events. He placed a written order with Pacific Container Company for 4,000 Styrofoam containers to be used to package hamburgers. Gagne requested that delivery be made thre

> Hughes purchased a new Lincoln Continental automobile from Al Greene Inc., an authorized new car dealership. On the day of the sale, Hughes made a cash down payment and signed a purchase contract and an application for the title certificate. The understa

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> Blackburn, a painting contractor, agreed in writing to paint DeSoto’s house for a certain price. After the house was painted, DeSoto asked Blackburn to paint his garage. Blackburn had other painting jobs scheduled and refused the additional work. DeSoto

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> The employees of Powder Power Tools Corp. were represented by a labor union that had negotiated an agreement covering pay rates. A number of employees did not receive the higher rates of pay specified in the union contract. Springer, an employee, brought

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> Identify two ways that regulators propose to make health insurance more affordable.

> Anderson was seriously injured in a traffic accident. Anderson’s daughter called a doctor, Lawrence, and told him to “give my father the best care you can give him, and I’ll pay whatever you charge.” The doctor provided the care, but the father died befo

> Jason decided to declare bankruptcy because his financial situation was desperate and his only property was a nearly new car worth about $14,000. In an attempt to conceal the value of his property, he sold the car to his friend Dane for $2,000. He planne

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> Doran, a young man of 17, married a 17-year-old woman. After the wedding they moved to another city, where they both found work and began to buy furniture and appliances. When they realized that they had been unwise in some of their purchases, they attem

> Maitland, a fund-raiser for Arbor College, solicited contributions for the college’s building program. Hamill Manufacturing pledged a contribution to the program. When the company did not pay, Maitland sued. Hamill claimed there was no consideration. Wil

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> Power-Sports wished to obtain Harley-Davidson’s permission to purchase a motorcycle dealership. Power-Sports provided written and oral statements about its business model, and based upon these statements, Harley-Davidson approved the purchase. Later Harl

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> Browne offered to sell Houlihan his recently purchased 50-inch plasma screen television set for $6,400. Houlihan sent Browne an e-mail message accepting the offer but asked if she could pay Browne in four equal monthly installments of $1,600. Browne did

> List six types of health-related insurance benefits typically available to employees.

> Grogan, a marketing consultant, was hired by Kreger Bottling Company to conduct market research into the taste preferences of consumers in a major city. Before he concluded the project, he was asked to take on the additional task of analyzing the appeal

> Hodge, a 54-year-old employee of a bank, discussed his job and future with Tilley, president of Evans Financial Corporation and his employer. They agreed orally on a number of matters, including job title and location. After eight months on the new job,

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