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

During a performance evaluation, what should be discussed?"
Future goals and plans
The training process
The menu
Company mission and vision statements
Other:

Answers

Future goals and plans

To determine what the customers of a clothing store think about the variety of clothing sold in the store, a manager hands out a survey to 100 teenagers chosen at random who visited the store.
Which of the following could affect the outcome of the survey?
A. The survey is biased because the manager did not give the survey to teenagers at other stores.
B. The results could be flawed because the sample population was too large.
C. The results could be flawed because the sample is not a good representation of the store's customers.
D. The results could be flawed because the teenagers were randomly chosen

Answers

Answer:

C. The results could be flawed because the sample is not a good representation of the store's customers.

Explanation:

I just took the quiz, I hope this helps (:

The results could be flawed because the sample is not a good representation of the store's customers because it onlu says only  a manager hands out a survey to 100 teenagers chosen at random who visited the store.

What do you mean by Sample?

A sample is an unbiased visual value taken from humans. In simple terms, a population is the total number of observations (i.e., people, animals, objects, data, etc.) contained in a particular group or context.

Thus, Option C is the correct statement that is The results could be flawed because the sample is not a good representation of the store's customers.

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The ability to interact, be responsible, persevere, be a team player, be motivated, and problem solve are examples of _______________ skills valued by employers.
a. Trade
b. Technical
c. Critical
d. Automatic

Answers

Your answers should be B. Technical

Answer:

b. Technical

Explanation:

The ability to interact, be responsible, persevere, be a team player, be motivated, and problem solve are examples of technical skills valued by employers.

G Brown has the following items in her balance sheet as on 30 April 20X8: Capital £18,400;

Creditors £2,100; Fixtures £2,800; Car £3,900; Stock of goods £4,550; Debtors £2,780; Cash at bank

£6,250; Cash in hand £220.

During the first week of May 20X8

(a) She bought extra stock for goods £400 on credit.

(b) One of the debtors paid her £920 by cheque.

(c) She bought a computer by cheque £850.​

Answers

Answer:

b

Explanation:

Submit Test 2 Select the correct answer. Martha has recently Jolned a finance firm. She barely requires any supervision or help to perform her work efficiently. Which expectation of her employer does Martha fulfill in the given scenario? ΟΑ. she malntalns professional decorum OB. she is self-motivated she is a team player OD she is reliable​

Answers

Answer: She is self-motivated

Explanation: Right on Plato

Answer:

B. She is self-motivated

Explanation:

got it right on plato

hi thereeeeeeeeeeeeeeeeeeee

Answers

Answer: Hello nice to meet you!!!!!

Explanation:

Answer:

Periotttt yasss queen!!!

Explanation:

Which type of borrowing option would most likely result in the borrower
paying the highest amount of interest?
A. A card with a high compound interest rate
OB. A card with a low simple interest rate
ООО O
C. A card with a low compound interest rate
D. A card with a high simple interest rate

Answers

Answer:

A. A card with a high compound interest rate

Explanation:

it is most likely to result in the borrower

A factory can produce cars and trucks. If the price of cars increases, then the supply of trucks will


stay the same
decrease
Increase

Answers

Answer:

decrease

Explanation:

In the registration statement filed with the SEC, DrugsUSA stated that it had three different medicines approved by the Food and Drug Administration (FDA). In reality, DrugsUSA had filed applications for approval with the FDA that were still pending. The SEC approved the sale of DrugsUSA stock, and Marilyn purchased $100,000 worth of stock. Two months later, all three of DrugsUSA's applications were denied by the FDA. The stock price plummeted, reducing the value of Marilyn's shares to a total of $2,000. What, if anything, can Marilyn recover

Answers

Answer:

In the given case, the default is done by the FDA and not the producing company, hence, the company in loss is eligible for the loss they have occurred. As per the laws in United states, any entity losing any profits or incurring any loss due to actions of some government entity will be eligible to that extent of loss or reduce in value.  Therefore, Marilyn is eligible to recover the loss in value, that is $98000, from food and drug administration.

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.

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Leadership effectiveness should be evaluated according to which of the following characteristics?

Does the leader keep the discussion focused on the issues?
Does the leader encourage critical thinking?
How well does the leader manage conflict in the group?
all of the above

Answers

Answer:all of the above

Explanation:

Which of the following are examples of discretionary fiscal​ policy? ​(Check all that​ apply.) A. The government provides stimulus funds to repair roads and bridges to increase spending in the economy. B. Additional taxes are collected as the economy experiences an increase in income resulting from economic growth. C. Congress provides a tax rebate to encourage additional spending in order to reduce the unemployment rate. D. The president and Congress reduce tax rates to increase the amount of investment spending. E. A state government borrows money to finance the building of a new bridge. F. The government spends more on the military to provide assistance to England after a natural disaster.

Answers

Answer:

The government provides stimulus funds to repair roads and bridges to increase spending in the economy

The president and congress reduce tax rates to increase the amount of investment spending

Congress provides a tax rebates to encourage additional spending in order to reduce the unemployment rate

Explanation:

The following are examples of discretionary fiscal​ policy.

The government provides stimulus funds to repair roads and bridges to increase spending in the economy. Congress provides a tax rebate to encourage additional spending in order to reduce the unemployment rate.The president and Congress reduce tax rates to increase the amount of investment spending.

The correct options are A, C, and D.

What is discretionary and nondiscretionary fiscal policy?

Discretionary Fiscal Policy: changes in government spending and taxation enacted during a crisis affect the economy. Nondiscretionary Fiscal Policy: the set of policies built into the system to stabilize the economy, also known as automatic stabilizers.

These are deliberate policies implemented by the government to increase or decrease government spending or taxation. For example, when private sector demand and confidence are low during an economic downturn, Keynesian economists may advocate for a deliberate increase in the size of the fiscal deficit.

Thus, the ideal selection is options A, C, and D.

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how come ethics impact on psychology

Answers

Answer:

Ethical implications are the impact in which psychological research could have on the rights of individuals. This could be how the research affects public policy or the way in which certain groups are viewed or treated.

Explanation:

Discuss intellectual property frankly.

Be conscious of multiple roles.

Follow informed-consent rules.

Respect confidentiality and privacy.

Tap into ethics resources

A master franchisee, in addition to having the right to open and operate a specific number of locations in a particular area, also has the right to ________. Group of answer choices stop making royalty payments if its sales decline offer and sell the franchise to other people in its area use its own operating manuals to run its franchise outlets stop making royalty payments if it is losing money sell products made by companies other than the franchisor

Answers

Answer: Use its own operating manuals to run its franchise outlets stop making royalty payments if it is losing money

Explanation:

A franchisee is a business owner who runs a franchise. The franchisee has some rights to carry out some activities. Some of those activities include using his own ideas to run the franchise although he still has to follow the original blueprint the franchise runs on.

Also, when things begin to get bad and there is a drastic reduction in sales he can slow down remitting money to the franchisor.

In Lurnee, it takes 10 resources to produce 1 ton of cocoa and 13.5 resources to produce 1 ton of rice. In South Tyberg, it takes 40 resources to produce 1 ton of cocoa and 20 resources to produce 1 ton of rice. Lurnee has a comparative advantage over South Tyberg in cocoa. This follows the theory of comparative advantage, and we can say that engaging in free trade benefits all countries that participate in it; however, this conclusion stems from which of these inaccurate assumptions?

Answers

Answer:

We have assumed constant returns to scale

Explanation:

From the principle of comparative advantage which states that a nation should produce the goods where she has a lower opportunity cost than other nations.

From the question, it is inaccurate to assume a constant return to scale i.e an increase in inputs such as labor and capital as a factor of production will to an exact amount of increase in output.

During the forming stage team members meet one another and determine team goals. False True

Answers

Answer:

True

Explanation:

You drink 19 beers to celebrate the end of your risk management and insurance class, then have an accident while driving home from the bar. The police charge you with drunk driving, and with hitting another automobile from behind. What will your automobile insurer do when you file a claim for the damage to your car, and, what will it do when the injured people in the other car file claims to have their bodily injuries paid for

Answers

Answer: The insurer will pay for claims that was insured for or that which the insurance package covers.

Explanation:

Insurance could be described simply as a cover for damages done either in the present or future to be able to curb losses. Insurance companies offer various packages or insurance covers to the client, ranging from house, to cars and other various insurance cover. The insurance company will pay the claim for the accidents but this would be based on the particular claim that was insured for because the Insurance company won't pay for claim that wasn't insured, it would be a loss on their side

What are the location factors of coca-cola? (Give me 2-4 factors)

Answers

Answer:

Labor Productivity: ...

Exchange rates and Currency Risk: ...

Costs: ...

Political Risk, Values and Culture: ...

Proximity to Markets: ...

Proximity to Competitor:

Which of the following best helps a company move toward achieving its
vision and mission?
A. Goals and objectives
B. Competitors and stakeholders
C. Activist investors
D. Corporate social responsibility

Answers

A. Goals and objectives

a mission is what your goal is, what you are looking forward to and hope to achieve

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

Using two examples of the fight against institutional racism that were described in this lesson, evaluate how successful they have been.

Answers

Answer:

Speak out publicly against racismSeek knowledge about the black cause to defend anti-racism

Explanation:

Institutional racism is that which is affirmed through racist social structures that were historically constructed through the slavery of blacks and whose discrimination persists until today. We all know how illegal and unethical it is to have racist attitudes, and this is a problem that often goes unnoticed in society because certain behaviors are already declared normal in society, such as the marginalization of blacks, who according to research have lower wages and lower chances of professional advancement compared to white people.

It is the duty of every citizen to support the anti-racist movement, deepening in studies that help to understand how society has become separatist and to recognize how the black community has suffered and still suffers from prejudice, and thus to actively position itself as an advocate of anti- racism, becoming aware and seeking to make people aware of the importance of building a more just and equal society for all, where everyone is respected and has the same conditions to have a good life regardless of their color.

Contemporary manufacturing is characterized by a. production facilities that are generally located as close as possible to the sites of raw material production. b. strong unions and localized involvement in all facets of the production process. c. spatial disaggregation of the production process. d. reliance on highly skilled labor at all phases of the production process. e. production facilities located close to railroads.

Answers

Answer:

Spatial disaggregation of the production process

Explanation:

Manufacturing is said to have dominated nonagricultural employment in 1950 about 45 percent while Growth is said to take off in the 1960s.

manufacturing increase due ot

1.Large labor pool released from agriculture

absence of unions

State Development Board- tax incentives, technical training

Interstate completion- upgrade airports and ports

Improved race relations, mild climate, relaxed lifestyle, recreation, less congested

Contemporary manufacturing is characterized by spatial disaggregation of the production process. Hence, Option (C) is correct.

This means that different stages of production are often dispersed across various locations, both domestically and globally.

There are several reasons for this trend.

First, advancements in transportation and communication technologies have made it easier to coordinate and manage production activities across different locations.

Second, globalization and the pursuit of cost efficiency have led companies to source raw materials, components, and labor from different regions to take advantage of lower costs and specialized expertise.

Third, spatial disaggregation allows for better risk management and resilience by diversifying production locations and reducing dependency on a single site.

Thus, this approach enables companies to optimize their supply chains, access specialized resources, and respond quickly to changing market demands.

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Which of the following is an example of a soft skill?
A. Ability to use CSS spreadsheets
B. Ability to manage spreadsheets
C. Ability to work well with a project team
D. Ability to manipulate images using computer software

Answers

Answer:

Ability to work well with a project team

Explanation:

A free trade zone is an area where Group of answer choices black market trade is carried out under government supervision the normal trade laws of a country such as tariffs, bureaucratic requirements, and quotas are eliminated in hopes of stimulating foreign trade and industry ideas are exchanged in an academic setting to increase the academic activity of the country large open markets are set up in poor countries for the exchange of international currencies people bring agricultural products for trade and barter

Answers

Answer:

the normal trade laws of a country such as tariffs, bureaucratic requirements, and quotas are eliminated in hopes of stimulating foreign trade and industry

Explanation:

A free trade zone area is an area where goods are imported or exported without being subjected to the normal trade laws such as tariffs, bureaucratic requirements, and quotas are eliminated in hopes of stimulating foreign trade and industry.

the aim of a free trade zone is to increase and stimulate foreign trade

Advantages of a free trade zone area

1. it increases efficiency

2. it encourages competition. As a result of not restricting import, domestic product have to compete with foreign goods

3. it allows countries to specialise in the production of goods for which they have a comparative advantage

Interest earned on a savings account is _____.

Answers


Correct
b. the percentage a financial institution pays you to borrow your money

A healthcare organization in Canada outsources its insurance work to a service provider in South Asia. The employees in South Asia used to receive less than half the salary that the employees in Canada received. But in recent years, there has been a rapid increase in employees salaries in South Asia. Slowly, the healthcare organization is reducing the level of outsourcing and is employing people in Canada. Which of the issues associated with offshore outsourcing describes the above scenario

Answers

Answer:

Diminishing cost advantages

Explanation:

Diminishing cost advantage is a decline in the coat benefits that offshore outsourcing offers.

Offshore outsourcing occurs when a company outsources part of its operations to a foreign company.

The main benefit of such a move is a reduction in cost.

However when the benefits decline it is referred to as diminishing cost advantage.

In the given scenario employees in South Asia used to receive less than half the salary that the employees in Canada received. But in recent years, there has been a rapid increase in employees salaries in South Asia.

This will result in more cost for the company through its outsourcing activity

The House manufacturers two different skateboard models. The company produces products using standardized production runs. The company does very little product customization. The House uses what type of technology structure? Question 10 options: Service production Mass production Large-batch production Small-batch production Continuous process production

Answers

Answer: Mass production

Explanation:

Since the products produced by the company uses standardized production runs and very little product customization, the type of technology structure used is mass production.

Mass production refers to production of of large quantities of products which are standardized usually by using automation technology or assembly lines. Mass production brings about the efficient production of a huge amount of similar products.

Jamal bought a particular brand of golf balls because he knows the same
company makes great shoes. This is an example of a company having
A. competitive advantage
B. good corporate governance
c. successful corporate branding
D. a long-term vision

Answers

Answer:

c. successful corporate branding.

Explanation:

A pre-service strategy refers to the process of planning and analyzing activities that enable a business entity to identify and determine its end users or consumers and the uniquely defined services that will be offered to these customers as they enter into the system.

Hence, marketing is central to developing pre-service strategies.

Marketing can be defined as the process of developing promotional techniques and sales strategies by a firm, so as to enhance the availability of goods and services to meet the needs of the end users or consumers through advertising and market research.

The pre-service strategies includes identifying the following target market, design, branding, market research.

In this scenario, Jamal bought a particular brand of golf balls because he knows the same company makes great shoes. Thus, this is an example of a company having successful corporate branding.

Corporate branding can be defined as an act which typically involves using a company's brand name in all of the advertisement process.

which known factor affects prices in the financial markets?

current taxes
media speculation
gov’t policy
foreign countries

Answers

Current taxed if they are taxed more they can raise the price more

Answer:

I think it's government policy.

Explanation:

By the time I am answering the person who asked the question has already gotten a score. So could you please say what is the correct answer? thanks.

Which are affected by the factors of production? Choose three answers.

the demand of the item
the availability of the item
the cost of the item
the quality of the item
the popularity of the item

Answers

Answer:

A.)- the demand of the item

C.)- the cost of the item (some factors are more expensive and rare than other)

D.)- the quality of the item

Explanation:

Answer:

A. the demand of the item

C. the cost of the item

D. the quality of the item

Explanation:

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