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

when ramiro inspires his employees to do their best to help the organization meet its goals, he is:

Answers

He is Inspirational

When ramiro inspires his employees to do their best to help the organization meet its goals, he is leading.

Who is a leader?

This is a person that has the qualities and the capacity to drive a group in the right direction.

A leader has to be someone that is inspirational. As a leader, Ramiro should be able to help the organization to attain their goals.

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which situation requires a departure from the cost basis of accounting to the lower-of-cost-or-market basis in valuing inventory?

Answers

Answer:

Decline in the value of inventory

Explanation:

To comply with the concepts of conservatism, inventory should be valued at the lower-of-cost-or-market when there is a decline in inventory

what is enterprenuship

Answers

Answer:

Entrepreneurship is the creation or extraction of value.

Explanation:

generally entailing risk beyond what is normally encountered in starting a business, which may include other values than simply economic ones.

Answer:

the activity of setting up a business or businesses, taking on financial risks in the hope of profit.

How do you know, as a consumer shopping for a product, whether goods are in
short supply or are readily available?

Answers

Answer:

Prices act as a signal that tells producers and consumers how to adjust. Prices tell buyers and sellers whether goods are in short supply or readily available. The price system is flexible and free, and it allows for a wide diversity of goods and services.

Explanation:

As a consumer shopping for a product, you can determine whether goods are in short supply or readily available by checking online availability, reading customer reviews, monitoring price fluctuations, and staying informed through industry news and customer service representatives.

As a consumer shopping for a product, there are several ways to determine whether goods are in short supply or readily available. Firstly, you can conduct online research by checking the product's availability on various e-commerce platforms or the official website of the brand or retailer. Reading customer reviews and ratings can also provide insights into the availability of the product. Additionally, monitoring price fluctuations can give an indication of supply and demand. If the price is stable or discounted, it suggests that the product is readily available. On the other hand, if the price is increasing or there are limited-time offers, it may indicate a shortage. Furthermore, keeping an eye on promotional activities, such as sales or limited edition releases, can provide clues about the availability of the product. Lastly, staying informed through industry news, subscribing to product alerts, or reaching out to customer service representatives can help you stay updated on the availability of the goods you are interested in purchasing.

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can i return something to walmart without a receipt?

Answers

Answer:

Walmart's return policy

Normally, items purchased in our stores or on Walmart.com may be returned or exchanged within ninety (90) days of purchase with or without a receipt.

Explanation:

please help me asap!

Answers

I believe that a company does not pay for publicity.

which general staff member negotiates and monitors

Answers

Answer:

The Finance/Administration Section is the General Staff member that negotiates and monitors contracts, maintains documentation for reimbursement, and oversees timekeeping for incident personnel.

How do managers use information obtained in the income statement

Answers

Answer: The purpose of the income statement is to show managers and investors whether the company made or lost money during the period being reported It then calculates operating expenses and, when deducted from the gross profit, yields income from operations.

Explanation:

how much halloween candy is sold in the us each year?

Answers

Answer:

According to the Huffington Post, Americans purchase nearly 600 million pounds of candy each year for Halloween

Explanation:

Explain the importance of the processor as apart of the computer system. ​

Answers

Answer:

Explanation:

The purpose of a computer processor is to do the actual computation done by the computer, which includes managing the computer's memory, handling input from users, sending them output and doing whatever calculations are necessary.

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Its function is to be the brain of the entire operation of the system, being in charge of directing all the tasks carried out by our team and of executing the code of the different programs, often with the joint help of the rest of the components and peripherals.

Literary techniques are ineffective when it comes to speeches.
- True
✅False

Answers

Answer: False? looks like u got it right

Explanation:

. How are jobs created in different economic systems?
• Market
• Mixed
• Command
Traditional

Answers

Answer:

it depends

Explanation:

it depends on the area the person stays

an uber ride is considered a ________ because of its intangible nature.

Answers

Answer: Service

Explanation: It is intangible and it is offered to you and performed by someone elese

Business studies i need to fill it out

Answers

Answer:

Be completely honest.

Explanation:

what are the four factors underlying the free enterprise system?

Answers

Answer:

profit,risk,competition and productivity

a marketing plan is an important tool for communicating details of the marketing functions. what else is the marketing plan used for?

Answers

Answer:

to attract customers or other buissness man that might want to invest

A marketing plan is used in order to attract customers or other businessman that might want to invest.

What is a Marketing plan?

A marketing plan may be included as part of a larger company plan. A solid marketing strategy is the cornerstone of a well-written marketing plan that will allow goals to be met. While a marketing strategy provides a list of tasks, it is useless to a firm without a solid strategic basis.

A marketing plan is an advertisement strategy that a company will use to sell its product or service. The marketing strategy will assist in determining who the target market is, the best way to contact them, the price point at which the product or service should be marketed, and how the firm will assess its efforts.

Therefore, it can be concluded that a marketing plan is designed to attract clients or other businessmen who may be interested in making investments.

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age-specific approximations of when a certain skill or ability should first occur in normal development are called developmental ________.

Answers

Age-specific approximations of when a certain skill or ability should first occur in normal development are called developmental "Milestone."

In this context, a Milestone is generally defined as a significant period in an individuals' life when progress or substantial advancement is made.

A Milestone could be considered to be any of the following:

Earning a college degree;Leaving parents to stay alone;Getting a job after University;Getting Married;Having a baby after marriage;Rising to the position of a CEO in a company;Retirement from work after an illustrious career, etc.

Hence, in this case, it is concluded that a Milestone is an achievement or point every man should look forward to.

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Answer: milestones

Explanation:

Which government agency would be responsible for testing for leaded paint
in imported toys from China?
A. Consumer Product Safety Commission
B. Environmental Protection Agency
C. Food and Drug Administration
O
D. Federal Trade Commission

Answers

Answer:

A. Consumer Product Safety Commission

Explanation:

When the high lead levels were detected during a routine inspection, the Consumer Product Safety Commission (CPSC) issued a recall, the first for a lead-contaminated toy in 2007.

Consumer Product Safety Commission, government agency would be responsible for testing for leaded paint in imported toys from China. Thus, option (a) is correct.

What is a government agency?

A permanent or semi-permanent organization inside the federal or state government is referred to as a government agency. Federal agencies are specialized government institutions created for a particular function, such as resource management, financial regulation of specific sectors, or matters of national security.

On October 24, 1972, the Consumer Product Safety Commission was founded. The Consumer Product Safety Commission (CPSC) issued a recall after the excessive lead levels were found during a routine inspection, the first for a lead-contaminated toy in 2007. The CPSC works to reduce "unreasonable risks" of harm in order to advance the safety of consumer products.

As a result, the conclusion of the Consumer Product Safety Commission is a government agency. Therefore, option (a) is correct.

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please help me asap!

Answers

Answer:

1.Different customers

Answer:

Same Customers

Explanation:

Their product is slightly different but still is pretty much is trying to satisfy the same needs that targets the same type of customers.

if davidson has 7,000 units on hand at december 31, the cost of ending inventory under the average-cost method is

Answers

The cost of ending inventory under the average-cost method is $75,250.

The average cost method is a method used to determine the cost of inventory in which the cost of goods sold is determined by determining the weighted average of the cost of inventory.

Average cost method = total cost of inventory bought / total units bought

(5,000 x $8) + (15,000 x 10) + (20,000 x 12) = $430,000

Total units bought = 5000 + 15,000 + 20,000 = 40,000

Price of inventory = $430,000 / 40,000 = $10.75

Cost of ending inventory = $10.75 x 7000 = $75,250.

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Which customers are typical for the Agriculture, Food, and Natural Resources career cluster? SELECT FOUR OPTIONS!!!!
A) a power company needing solar panels
B) a local fresh market
C) a business working with trained animals
D) a person buying large quanities of wheat
E) a person learning about geography
F) a family on a camping trip

PLEASE HELP ITS WORTH 50 POINTS!!!!!

Answers

Answer:bcde

Explanation: kids cant work so not f and solar panels have nothing to do with the farmers so not a

The customers that are typical for the Agriculture, Food, and Natural Resources career cluster are a local fresh market; a business working with trained animals; a person buying large quantities of wheat and a family on a camping trip. Thus option (B), (C), (D) and (F) are correct.

Who are customers?

Customers are individuals or organizations who purchase goods or services from a seller or provider. They are the people or entities who pay for and use the products or services that a business offers.

The relationship between a business and its customers is a crucial aspect of its success, as satisfied customers are more likely to return for future purchases and recommend the business to others.

A local fresh market; a business working with trained animals; a person buying large quantities of wheat and a family on a camping trip are the customers are typical for the Agriculture, Food, and Natural Resources career cluster. Therefore, option (B), (C), (D) and (F) are correct.

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A student loan is money a person borrows in order to:A: purchase a new house.B: buy luxury goods.c. pay for college tuition.D. pay off existing debt.

Answers

A student loan is money a person borrows to pay for college tuition

A student loan is money a person borrows in order to pay for college tuition. Hence, option C is correct.

What is student loan?

A student loan is a loan that is given to students expressly to assist them in paying for higher education, like university. Typically, the loan is divided into two portions: one for maintenance fees and the other for tuition.

Yes, there is normal debt, albeit some lenders impose penalties for early repayment. Yes, there is student debt, and fortunately there are no early repayment fees. You should, however, consider whether it is worthwhile to pay off your debt early.

From the day the Student Loans Company sends your first payment to you, your university, or your college, interest is charged every day until your loan is fully repaid or cancelled.

Thus, option C is correct.

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The aggregate demand curve indicates the relationship between: 1. the real wage rate and the quality of resources demanded by producers of goods and services. 2. the interest rate and the amount of loanable funds demanded by borrowers. 3. the natural rate of unemployment and the demand for goods and services when the economy is in long-run equilibrium. 4. the general price level (CPI) and the aggregate quantity of goods and services demanded.

Answers

Answer: when demand increases, supply decreases and price increases

Explanation: law of supply and demand

who determines how much utility an individual will receive from consuming a good?

Answers

Answer:

Individuals are the only judge of their own utility. In general, greater consumption of a good brings higher total utility. However, the additional utility received from each unit of greater consumption tends to decline in a pattern of diminishing marginal utility.

what did the memo entitled , "fatalities associated with crash induced fuel leakage and fires" analyze?

Answers

Answer:

The cost-benefit analysis of producing the Pinto as is or changing its design/components.

Explanation:

In a bid to match the cost effective nature of Japanese cars, Ford decided to produce the Pinto and promised to do so within a certain timeline. This shorter timeline made designing the Pinto harder and led to it having a flaw that made it a fire hazard if it was hit from behind.

Ford could have modified the design or produced it as it was. In order to make this decision, they relied on cost-benefit analysis to tell them the cost of paying for settlements resulting from Pinto crashes vs the cost of improving the car. The memo that showed this was "Fatalities Associated with Crash Induced Fuel Leakage and Fires".

which country uses a franc as its basic monetary unit?

Answers

Answer:

Franc, originally a French coin but now the monetary unit of a number of countries, notably Switzerland, most French and former Belgian overseas territories, and some African states; at one time it was also the currency of France, Belgium, and Luxembourg.

Hi i needa gf im 16 im a kind loving caring person anyone 13 through 17

Answers

Shoot ur shot on ur crush instead

Answer:

Hello, my names Harley and im 15. and im a red head with green eyes.

Explanation:

And im single lol...

what are the major works of JT? Explain in point.......​

Answers

The JT data model is capable of representing a wide range of engineering data. This data can be very lightweight, holding little more than facet data or it can be quite rich, containing complete NURBS geometry representations along with product structure, attributes, meta data and PMI. It also supports multiple tessellations and level-of-detail (LOD) generation.

You invest $500 in a fund that has shown to have a mean annual increase of $120 per year. If you leave your initial
investment in the account, and invest no additional funds, how much will your account be worth at the end of 25 years?

a) $1,200
b) $2,500
c) $3,500
d) $3,800

Answers

It is letter C because 120x25=3000+500=3,500

The  investment of  $500 in a fund, the account at the end of 25 years would be $3,500. The appropriate response is option C.

What is investment?

A purchase made with the intention of creating income or capital growth is known as an investment. An asset's value increasing over time is referred to as appreciation. When a person makes an investment, they do not intend to utilize the product immediately; instead, they intend to use it to build wealth in the future.

Stocks, bonds, and cash equivalents are the three main categories into which investments are often divided. Within each category, there are several distinct kinds of investments.

The  investment of  $500 in a fund, the account at the end of 25 years-

120x25=3000+500=3,500

Hence, option C is an appropriate response.

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the journal entry to record the issuance of a note for the purpose of converting an existing account payable would be

Answers

Answer: The journal entry a company uses to record the issuance of a note for the purpose of converting an existing account payable would be debit Accounts Payable; credit Notes Payable.

Explanation:

the journal entry to record the issuance of a note for the purpose of converting an existing account payable will have Accounts Payable as well as Notes Payable.

What is a journal entry?

A journal entry is an act of recording any action, whether one that is economic or not. Multiple observations, which are each otherwise a debit or a positive, may be included in the diary entry.

The information necessary to record a single business arrangement is contained in a journal entry, which also includes the date, the sum to be credited , debited, a short explanation of the operation, and the accounts involved.

The entry must result in increased with in Note Payable liability as well as a reduction inside the Accounts Payable liability. Debit Account Receivables; credit Notes Payable is really the journal entry that a business use to document the issuing of a comment for the objective of transforming any existing account payable.

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