关于商业法的一些题望高手解答CaseoneFact:Rosewasa78-year-oldladywholivedinahousealone.Inthemorning,shehadamildheartattackandcalled9-1-1immediately.Theambulancecenter’semployeesarrivedatherhomewithi

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关于商业法的一些题 望高手解答Case one Fact: Rose was a 78-year-old lady who lived in a house alone. In the morning, she had a mild heart attack and called 9-1-1 immediately. The ambulance center’s employees arrived at her home within 5 minutes and placed Rose on a portable bed, and transported her to the ambulance. The medical employees didn’t secure Rose to the portable bed and failed to fasten the portable bed to the emergency straps in the ambulance. While driving in excess of the speed limit with emergency lights, the ambulance crashed a car at an intersection of busy road due to the driver’s failure to observe the right way of an emergency vehicle. The crash caused the portable bed to impact the back of the ambulance pushing Rose to the floor. A piece of medical equipment also fell from the ambulance hitting Rose in the head causing a severe injury. Rose then had to be transported by another ambulance to a hospital causing a delay in treatment. Question: Was the ambulance center liable for Rose’s injury in car crash and delay of treatment? Case two Fact: One friend sent Jenny’ daughter Maggie, a Christmas gift which was bought at local Walmart store. This gift was a brand new Barbie doll manufactured by Supertoy Company. Jenny watched as Maggie opened the gift. She installed the batteries and began to play with it according to the packaging directions. Maggie asked her mom if she could sleep with the doll and noticing no problem with that, Jenny agreed. In the middle of the night, a connector in the back of the doll ignited and the doll caught fire, which also ignited a portion of Maggie’s pajamas and burned other furniture, Maggie’s arm was burned also. Question: Could Jenny successfully claim all losses including price of Barbie doll, other property damages and medical cost from Supertoy Company? Case three Fact: Mr. Murphy owned the wood company in Northern Ireland. He sold the timber to the Irish Sawmills company, for this trading, he became the whole shareholder in the Irish Sawmills company. Afraid of possible fire damage to the company’s timber, he got insurance policies - but in his own name, not the company's - with British Assurance Company covering for fire. One week later, there was a fire in the company. British Assurance Company refused to pay Mr. Murphy any money. Question: Should British Assurance Company pay any money to Mr. Murphy? Case four Fact: Mr. White was managing director of Smart Motors; his appointment was subject to a written employment contract stating that he would not solicit (招揽) any customer for his own benefits or purposes either when he was managing director or after he left Smart Motors. Eager for better business opportunity, Mr. White subsequently left Smart Motors. He started a new company to supply spare parts for Smart Motors’ customer at a very undercutting price. Subsequently, Smart Motors sued Mr. White for his breach of the employment contract, Mr. White argue that the clause of employment contract only bound him personally, but not the company. Question: Was Mr. White personally liable for his company’s current business against Smart Motors? Case five Fact: Mr. Smith formed Top One Real Estate Company with another friend, Mr. Right, and both were members of the board of directors（董事会）. The aim of the Company was to purchase and develop land. The development of the land was left to Mr. Smith who, with the knowledge of the board of directors, acted as managing director despite the fact that he had never been formally appointed by the company as such. Mr. Smith made a contract with a design firm who would draw up the plans for Top One Real Estate Company’s land development. The Company refused payment of design fees, claiming that there was never authority from the Company to permit Mr. Smith to sign any contract. The design firm later sued the company for payment of the fees for their work. Question: Who will be liable for the payment of design fees?

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