Faylene underwent heart surgery that included, among other measures, the implantation of a pacemaker in her chest. Faylene later alleged that the surgeon's negligence resulted in a serious infection. Faylene's insurance company stated that the Uniform Commercial Code (UCC) governed the dispute because at issue was a contract for a pacemaker, which is a good. The hospital responded that the claim was based on a contract for a surgery, which is a service, and was therefore covered by the common law. What result is most likely?

Answers

Answer 1

Answer: The court will apply the predominant purpose test and will probably hold that this was a contract for a service.

Explanation:

Any agreement written in a contract which binds two parties are usually followed strictly. Whatever is written in the contract cannot be changed or influenced in the court room because it would have been believed that both parties went through the contract terms before signing it. Even though one party wants to challenge it in court it would hold no water for a challenge.

The case between Faylene and the hospital was signed in a contract for a peacemaker surgery, the effects of it and being taken to court would yield no effect since it's what Faylene wanted and entered agreement into.


Related Questions

Match the action needed to increase profits with the reason a business might fail.
A small company, especially a store, usually has a better chance of succeeding if it is in an area with other businesses because it can draw in new customers.

A) poor management

B) competition

C) bad location

D) finances

Answers

Answer:

C, bad location

Explanation:

Competition is needed for a successful company otherwise monopolies rise and so can potential prices. The reason a business might fail is bad location so to counter this they can move to a more densely populated area.

Bad location is the action needed to increase profits with the reason a business might fail. The correct is option C.

Why is the location of a store important?

It's a popular belief that finding a decent location is essential for drawing clients. Supply and distribution are also made simpler at a conveniently positioned store. The ability of a retailer to sell itself and contend with the competition it faces from other businesses can be influenced by location.

The greatest employees are hard to find and keep, and many are quite particular about where they work in order to achieve the ideal work-life balance. A company's performance over the long run can be considerably improved by wise location choices. Poor ones can cost millions in lost capital, talent, and production.

Thus, the ideal option is C.

Learn more about the Location of the Store here:

https://brainly.com/question/12940499

#SPJ5

A women sells a bead bracelet she made. She sold it to her sister.

Answers

Answer:

Is that the question????

Explanation:

If your asking a question a can you put the whole question.

Something that's sold has been exchanged for money. When new neighbors buy the house across the street, you'll see a sign appear in its front yard that says "Sold."

What is the meaning of Money?

Money is a good that is widely acknowledged as a means of economic exchange. It serves as the medium for expressing values and pricing. It is the primary indicator of wealth since it moves from individual to individual and from country to country, allowing trade.

Any tangible object or verifiable record that's also commonly accepted as payment for products and services as well as the repayment of debts, including such taxes, in a specific nation or socioeconomic setting is referred to as money.

Money is a centralized, widely used, acknowledged form of exchange that makes it easier to exchange goods and services. In an economy, money serves as a medium of trade for a variety of products and services. Governments and nations have different monetary systems.

Learn more about the Money here:

https://brainly.com/question/22984856

#SPJ2

Which of the following is an example of quid pro quo sexual harassment?
A. Coworkers passing around inappropriate photos in the office
B. An employee leaving unwanted gifts for another employe
C. A manager offering a position only if the employee accepts her
sexual advances
D. An employee constantly asking another employee out

Answers

The answer is c. Quid pro quo entails that the person is doing a favor in return for something.

Option C. A manager offering a position only if the employee accepts her  sexual advances is an example of quid pro quo sexual harassment.

Sexual harassment is a form of harassment or unlawful discrimination based on one's gender, sexuality, be it verbal or physical. This means that any unwanted sexual advance from a coworker or anyone is termed sexual harassment.

Sexual harassment at the workplace is when an employee in the company makes any sexual advances against another based on one's gender, identity, or expression. This harassment may be in the form of verbal or physical advancement, through pictures, messages, remarks, or even any slight indication of unwanted advances. The term "quid pro quo" refers to the idea of doing a favor for someone in return for another. This can be used in sexual harassment when or if a manager or anyone offers a position or employment in return for any sexual advances. This means that a person is offered a job if he/she does something sexual or accepts sexual advances from the employer.

Any form of unwanted sexual advancement is accepted as harassment or discrimination. And in that regard, a quid pro quo sexual harassment is when a manager offers employment in return for sexual favors. Thus, the correct answer is option C.

Learn more about sexual harassment here:

brainly.com/question/24263757

the three branches of government are the legislative branch, and the ____ branch
a. judicial
b.regulatory
c. supreme court
d. presidential ​

Answers

Answer:

Judicial

Explanation:

There is no presidential branch as that is the executive branch. The supreme court IS the judicial branch but the supreme court is not a branch in of itself. There is no regulatory branch that I know of.

a) judicial

legislative, judicial, and executive are the three branches of government.

The Albertsons are purchasing a home for $400,000. They are financing 70 percent of the home's value. In addition to the down payment, they have the following closing costs:
Lender's inspection fee $400 Loan origination fee 1.5% of the loan amount Notary public fee $60
Document recording fees $75
Title search $300
What is the total amount of the closing costs? .
help plz​

Answers

Answer:

$5,035

Explanation:

First, you have $400 as the first cost in the closing costs.

You Then find 1.5% of the loan amount, which is 70% of $400,000 ($280,000), so 1.5% of $280,000 is $4,200. So you add $4,200 to the $400

Next, you add the notary fee of $60.

Then you add the recording fees of $75.

Lastly, you add the title search of $300.

Now add everything up, $400 + $4,200 + $60 + $75 + $300 = $5,035

Final answer = $5,035

A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time. Thus, employees may work for a few days or only a few hours before walking off the job again. The employer claims the union does not have the legal right to engage in a partial strike. Which statement is correct

Answers

Answer:

a. The employer is correct. The union must either strike or work—it cannot alternate between working and striking.

Explanation:

Since in the question it is given that that employee work for a less days or less hours prior walk off to the job again. Also the employer would claimed that the union does not have the legal right to have partial strike so here the employer is correct as the union could be do one thing at a time i.e. strike or work

So statement a is correct

Do you think I would be a successful you-tuber?

Answers

Answer:

yes !! im also into becoming one as well ! it takes a while but its worth it, keep your hopes up but make sure you have another option just incase it might not work out right.

Explanation: goodluck <3

Which of the following are true of price bundling? (Choose every correct answer.) Multiple select question. Price bundling helps customers stock up on a product. Each item within the bundle must have about the same value as others within that bundle. Different prices are charged to different people for the same bundle of products or services. Several popular items are frequently sold together for a lower combined price. A less popular item is sometimes bundled with a more desirable item.

Answers

Answer:

Price bundling helps customers stock up on a product.

A less popular item is sometimes bundled with a more desirable item.

Several popular items are frequently sold together for a lower combined price.

Explanation:

As the name suggest Price bundling is to combined the various products and convert into a package so that if the consumer calculate its individual price so it would be high as compared to the package. Here the profits could be increased due to promotion of more than one item

So according to the given options, the following statements should be considered true

It would help the customer to stock up the product

An item i.e. less popular can be bundled with the desriable item

Also the various kind of items would be sold at very less price

What is the role of business in a global economy?

Answers

Answer:

In any market economy, business plays a huge role. Business is the engine of an economy. Business provides jobs that allow people to make money and goods and services that people can buy with the money they make. Without business, the economy would be very inefficient and/or very primitive.

Explanation:

How does penetration pricing discourage rival companies from entering the market? (Select all that apply.) Multiple select question. It encourages price skimming, which is too risky for most companies to engage in. It negates the experience curve effect, which usually helps competitors. Competitors who enter the market will temporarily face higher unit costs. Usually none of the companies make much profit in this situation.

Answers

Answer:

Competitors who enter the market will temporarily face higher unit costs.

2. Usually none of the companies would make much profit in this situation.

Explanation:

Penetration pricing is a pricing strategy where the sellers of a new product set the price for their product unusually low. This is to entice consumers to purchase the product

Advantages of penetration pricing

it increases market share of the firm conducting the penetration pricing it increases the sales of the firm practicing the penetration pricing

Disadvantages of penetration pricing

Profit earned by the company might be too low once a low price has been set for the good, it might be difficult to raise it later as it may drive consumers away.

Price skimming is when the price of a new product is set usually high

Other Questions
34 20= 3 20 4 = please help fast Type the correct answer in each box. Use numerals instead of words.Consider the quadratic equation x + 10x + 27 = 0.Completing the square leads to the equivalent equation (x + ___) = ___.. what is the most important skill for a cartoonist a knowing how comps operate b knowing how to tell a story with humor c knowing how to sketch Tran is using a coordinate plane to design a treasure hunt for his students. The hunt begins at the flagpole at the origin. The first clue is hidden 5 units north of the flagpole. The second clue is located 6 units east of the flagpole. The final clue is located 5 units south of the flagpole. Plot the locations of the flagpole and the 3 clues on the coordinate plane and show the path students will follow from the flagpole to all three clues. . Each unit represents 50 feet. What is the shortest combined distance along the path from the flagpole to Clue 1 to Clue 2 and to Clue 3? True or False: The parallax of the stars is a proof of the earth'srevolution that cannot be explained by the geocen-tric theory. Which of these expressions would be the best estimate of the quotient 15 1/2 3 2/3? A. 153 B. 154 C. 163 D. 164 FREE BRAINLIST! Help answer my question.-Write a figurative language sentence for each picture. plzz help if right i give brainliest Many philosophies and ideas coming from India center on the concept of inner peace, or a feeling of balance and contentment in all areas of life.Is there something you do or believe in order to create or have the feeling of inner peace in your life? How do you keep inner peace and balance in your life? How does having inner peace affect your relationship with others? How might inner peace affect a society positively?Respond to the prompt with no fewer than 10 sentences. pls hep Write the transformation rule for each transformation described below. 6. A reflection over the x-axis. 7. A translation 3 units right.8. A dilation with a scale factor of 4. Item 10Who benefits when a family cooperates and works together towards a goal?the grandparentsthe entire familythe childrenthe parents The neighbor "lady" was good to Harriet. TrueFalse Companies should take the expectations of the broader community intoaccount when making decisions.True or false choose the correct vertical asymptote(s).Glven the function, f(x) =x+1X-4O x= -4, x= 4O x= 4O x= -2, x = 2O x= 2 What is considered the most important event turning point of WW II in the pacific and why Please write the answer in format below what is this help me out pls Which two consecutive integers does -138 lie between?A:11 and 12B:12 and 13C:-11 and -12D:-12 and -13 Plants have many characteristics.What is responsible for these characteristics?Select all that apply.inherited from parentsinherited by sibling plantsaffected by the environmentaffected by soil position Frui is a Latin verb meaning "to enjoy" How does this meaning relate to the role that various fruits play in human culture?