Author Topic: Opening Arguments #TTTBE  (Read 43455 times)

0 Members and 2 Guests are viewing this topic.

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #840 on: February 18, 2020, 11:59:12 AM »
Large data of text  or Mediumtext or Longtext

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #841 on: February 18, 2020, 12:00:10 PM »
I have no idea. I would just be guessing. So.....rolls dice
A
Large data of text  or Mediumtext or Longtext

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #842 on: February 18, 2020, 12:02:47 PM »
Answer #166

Spoiler
[close]
Large data of text  or Mediumtext or Longtext

Online CarbShark

  • Poster of Extraordinary Magnitude
  • **********
  • Posts: 13344
  • "I ain't no doctor with degrees" - Think
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #843 on: February 18, 2020, 12:48:07 PM »
Spoiler
C?
[close]
... and Donald Trump is president of the United States

Online The Latinist

  • Cyber Greasemonkey
  • Technical Administrator
  • Reef Tank Owner
  • *****
  • Posts: 8793
  • Fanatically anti-bigot
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #844 on: February 18, 2020, 01:45:21 PM »
Spoiler
I think it's either B or D; I'm going with D.
[close]
Large data of text  or Mediumtext or Longtext

Offline daniel1948

  • Happy Man in a Boat
  • Poster of Extraordinary Magnitude
  • **********
  • Posts: 10055
  • I'd rather be paddling
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #845 on: February 18, 2020, 03:19:49 PM »
Spoiler

I think D. I think the relevant issue is that the witness has a personal interest in the outcome of the case.
[close]
“You say you love your children above all else, and yet you are stealing their future in front of their very eyes.”
-- Greta Thunberg

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #846 on: February 22, 2020, 01:48:15 PM »
#167

Large data of text  or Mediumtext or Longtext

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #847 on: February 22, 2020, 01:56:42 PM »
I think this is going to come down to A or B. I can't see how C or D would be a reasonable out come.
So A is interesting in that it is reasonable but I think this is the attractive distractor. I am going to go with B as the most logical choice.   
Large data of text  or Mediumtext or Longtext

Online Swagomatic

  • Frequent Poster
  • ******
  • Posts: 2764
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #848 on: February 22, 2020, 02:34:40 PM »
Well, I can't think it would be fair to be able to sue someone for getting injured, unless that activity, bicycling, was specifically precluded in the contract,  so I will say B.

Beware of false knowledge; it is more dangerous than ignorance.
---George Bernard Shaw

Online CarbShark

  • Poster of Extraordinary Magnitude
  • **********
  • Posts: 13344
  • "I ain't no doctor with degrees" - Think
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #849 on: February 22, 2020, 02:37:38 PM »
Spoiler
I'm going with B. I think the tricky thing here is that the owner is suing for damages.

Not A because a consultant is not what the owner hired or needed.

Not C because while the engineer breached the contract, I think that lets the owner off the hook, but not entitled to damages from the engineer.

Not D because that is unreasonable. This was an unforeseen event. The engineer is not entitled to a job or any compensation but he is not liable for damages

B because the engineer is not able to meet the requirements of the contract due to an unforeseen event. The breach was not deliberate or predictable. The engineer is not entitled to compensation (or another position), but the owner is not entitled to damages.
[close]
... and Donald Trump is president of the United States

Offline daniel1948

  • Happy Man in a Boat
  • Poster of Extraordinary Magnitude
  • **********
  • Posts: 10055
  • I'd rather be paddling
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #850 on: February 22, 2020, 07:29:49 PM »
I also think that B is the only possible choice. The engineer's offer to act as a consultant is, I think, irrelevant. The owner could have sued if the accident had been the result of doing something forbidden in the contract. We are not told there was such a clause.
“You say you love your children above all else, and yet you are stealing their future in front of their very eyes.”
-- Greta Thunberg

Online The Latinist

  • Cyber Greasemonkey
  • Technical Administrator
  • Reef Tank Owner
  • *****
  • Posts: 8793
  • Fanatically anti-bigot
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #851 on: February 22, 2020, 08:10:56 PM »
B seems like the only fair answer.  If someone is physically unable to do a task he’s been employed to do, it seems to me that both parties should be released from the contract. I’ll go with B.
Large data of text  or Mediumtext or Longtext

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #852 on: February 26, 2020, 09:47:43 PM »
Answer to #167

Spoiler
[close]
Large data of text  or Mediumtext or Longtext

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #853 on: March 03, 2020, 08:10:13 PM »
#168
Large data of text  or Mediumtext or Longtext

Offline xenu

  • Stopped Going Outside
  • *******
  • Posts: 4327
  • Chicago Blackhawks 2010,13,15 Stanley Cup Champion
    • View Profile
Re: Opening Arguments #TTTBE
« Reply #854 on: March 03, 2020, 08:12:13 PM »
Sorry about the delay in getting this out busy week.

I'm going to go with...... I have no idea. I am not familiar with some of these clauses.

I'll go with A just because
Large data of text  or Mediumtext or Longtext