Monday, February 02, 2015

P.18 writing exercise. ss5

1. Even if the fog caused injury to Roelke, Amskills had no duty to prevent the injury that Amskills could not have been expected to foresee.

--> Even assuming that the fog caused Roelke's accident, Amskills had no duty to prevent such a freakish and unforeseeable injury.

2.  Before the initial offering, the underwriters, any officers, directors, or employees did not know any facts suggesting that "Palm Harbor" could not be completed on schedule and in accordance with specifications.

--> Before the initial offering, no one knew or had reason to know that Palm Harbor could not be timely completed in accordance with specifications.

3.  Beale failed to allege facts to establish that competition among the nation's law schools would be reduced or that the public has been in any way injured. Thus, her restraint-of-trade claim would be dismissed.

--> Beale has not alleged facts that, if true, would establish either public injury or reduced competition among the nation's law schools.  Thus, her restraint-of-trade claim must be dismissed.

4.  The Business Corporation law address that a New York corporation indemnifies only its employees.

--> The Business Corporation law does not address whether a New York corporation can indemnify nonemployees.

5.  The court stated that a duty to disclose the illegal conduct of persons who seek election to a public office through political campaigns exists in only a few instances of the cases it examined.

--> The court examined many cases and found few that imposed a duty to disclose the illegal conduct of candidates for elected office.

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