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Messages - Dicta

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51
Current Law Students / Legal Writing/Appellate brief
« on: December 31, 2004, 09:24:39 PM »
Wrote a memo re does client have COA for lack of informed consent if a physician does not advise of ANY risks of a prescription drug which is deemed proximate cause of patient's death.
Argued yes, there is COA based on Tn medmal statute and some common law. There was conflicting Tn case law in that some courts addressed LOIC as battery, but most (especially Tn Sup Ct) addressed LOIC as sounding in negligence....
Anyway, now we have to write appellate brief to Tn Sup Ct. Client has lost at trial level and appellate level b/c court says LOIC for prescription drugs sounds in battery, not negligence.
Ok, the folks who get to argue to Tn Sup Ct for client have their case made out for them.
How do I argue for the physician when I know (and Tort's professor has made it clear) that in TN LOIC sounds in negligence......opinions?
Am I missing something really obvious here on how to present this (losing) argument? I know it is supposed to be about the writing and not the law, but this just rubs me the wrong way....

52
Current Law Students / UCC definitions of merchant
« on: December 31, 2004, 09:00:39 PM »
Is a computer software consultant who sometimes brokers the software he recommends considered a merchant? Would a contract for goods AND services fall under the UCC or common law (as for modifications and mirror image acceptance)? Opinions?
Wondering how to analyze this in a fact pattern (seen on prof's old test).
Believe it or not I have yet to take Contracts and Torts. Contracts scheduled for Monday and Torts cancelled almost 2 weeks ago due to bad weather.....
Thanks for any insight. ???

53
Nashville School of Law / Re: Contract Quizz
« on: December 31, 2004, 08:56:32 PM »
UCC abolished the mirror image rule and modifications to contracts
also, applies Statute of Frauds.
Is there anything else? I was at Starbucks for 4 hours studying tonight until they kicked me out at 9:00.
I'm hoping for a C on this one.
Saw something interesting in an outline tonight...UCC considers basically everyone doing business or with professional knowledge of a product to be a merchant. I don't remember Lewis talking about that. Would a consultant be a merchant???????

54
Nashville School of Law / Re: Torts Quiz
« on: December 31, 2004, 08:53:52 PM »
you didn't answer my question..... ::)
Expert testimony is allowed when it is necessary. How's that for a Gruber type answer....

55
Nashville School of Law / Re: JJ at NSL
« on: December 31, 2004, 08:52:57 PM »
my husband told me tonight that I am basically using him as a babysitter. What an outrageous, but, sadly true, thing to say.
I have become obsessed with studying. I really wish we had gotten Torts over last week.
I'm burnt....

56
Nashville School of Law / Re: Torts Quiz
« on: December 31, 2004, 09:44:40 AM »
yup.
when is a seller liable for injury that occurs as a result of his alcohol sale?

57
Nashville School of Law / Re: Contract Quizz
« on: December 31, 2004, 09:43:55 AM »
Pevar can kiss my fanny!  :o

58
Nashville School of Law / Re: Contract Quizz
« on: December 30, 2004, 08:58:21 PM »
alright smarty pants. how is this going to help me Monday night?

59
Nashville School of Law / Re: Torts Quiz
« on: December 30, 2004, 08:57:45 PM »
apprehension means you know it's coming.
fear means you are afraid.
Mike Tyson can sue someone for assault if he sees it coming. Doesn't matter if he is afraid of it or not.

60
Nashville School of Law / Re: Torts Quiz
« on: December 30, 2004, 08:39:40 PM »
legal cause. Proximate cause limits the liability of tortfeasor's actions.

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