Quote from: Alci on May 14, 2007, 09:04:13 PMC?Do people take Barbri without taking PMBR?You can't just say C and not give any explanation. You know that don't ride in law school. As far as BarBri without PMBR, I would say the vast majority do exactly that. About 90% (or more) of law students take BarBri. Only about...20, maybe 25% take PMBR.
C?Do people take Barbri without taking PMBR?
See I'm thinking Wheeler could recover from Byer, who could sue the shipping company.
Quote from: Alci on May 14, 2007, 11:08:37 PMSee I'm thinking Wheeler could recover from Byer, who could sue the shipping company.But can you sue someone for having an accident? Didn't we read some case about how you can't do that? I think Byer is just screwed (?) because of the F.O.B. thing?EDIT: I dunno, depends on why they had the derailment.And why could Wheeler recover anything if the assignment was invalid?
Quote from: Alci on May 14, 2007, 11:16:10 PMQuote from: Christiana Troy on May 14, 2007, 11:13:08 PMQuote from: Alci on May 14, 2007, 11:08:37 PMSee I'm thinking Wheeler could recover from Byer, who could sue the shipping company.But can you sue someone for having an accident? Didn't we read some case about how you can't do that? I think Byer is just screwed (?) because of the F.O.B. thing?EDIT: I dunno, depends on why they had the derailment.And why could Wheeler recover anything if the assignment was invalid?I don't think the assignment was necessarily invalid, since Singer had done everything to perform his end of the contract *before* assigning it to wheeler.And I think you can sue a carrier for losing/damaging your stuff, unless you sign a waiver. They have a duty of care. But I'm rusty too. Contracts used to be my subject!Well, the contract was still incomplete, right? Since Byers hadn't paid...the transaction wasn't complete (?)
Quote from: Christiana Troy on May 14, 2007, 11:13:08 PMQuote from: Alci on May 14, 2007, 11:08:37 PMSee I'm thinking Wheeler could recover from Byer, who could sue the shipping company.But can you sue someone for having an accident? Didn't we read some case about how you can't do that? I think Byer is just screwed (?) because of the F.O.B. thing?EDIT: I dunno, depends on why they had the derailment.And why could Wheeler recover anything if the assignment was invalid?I don't think the assignment was necessarily invalid, since Singer had done everything to perform his end of the contract *before* assigning it to wheeler.And I think you can sue a carrier for losing/damaging your stuff, unless you sign a waiver. They have a duty of care. But I'm rusty too. Contracts used to be my subject!
I don't know a damn thing about anything, and I'd say that Wheeler can't recover from Byer at all. Wheeler would need to recover from S, who in turn would be able to recover from W. And W can probably recover from the shipping company, since FOB implies that the goods become W's once they are handed to the shipping company, and W must have arranged the shipping and would be protected against what happened if the goods were insured.