Commercial law, e-commerce and Contracts

The transaction between Brandt and Health Center is predominantly the provision of health care services in this case surgery and not the sale of goods such as the sling and its surgical kit. A medical facility is mandated to ensure that the quality of services it provides to its clients is up to the required standards. Inconveniences that come about as a result of products they use in disseminating healthcare should be a case between them and the manufacturers. Damages caused as a result of such faults should be agreed upon between the hospital and the manufacturer. The patient in this context however has the right to sue the health center and not the manufacturer since the initial business was between the patient and the hospital, not the manufacturer.

Question Two

Under the Uniform Commercial Code_x0092_s (UCC) _x0093_merchant entrustment rule_x0094_, a goods owner who entrusts a merchant _x0093_someone who deals with the good of that kind or holds himself as having the knowledge and skills of the goods in the transaction_x0094_- bears all the risk of inappropriate and improper sale to innocent third parties (White, 2010). In this case therefore, Tri-County Farm Limited should be held liable for the damages and inconveniences caused for Executive Financial Services, Inc.

Mohr and Loyd did not act ethically in this case. Them as the owners of Tri-County Farm Company had the powers to stop the company from selling the tractors to the farmers but instead they did not. This is an indication that they played a role in this unethical transaction.

EFS own the tractors.

Question Three

Student loans can be discharged at bankruptcy as long as the student can ascertain certain legal standards (Berlatsky, 2015). The student must show that the payment of the dept would impose undue hardship on him and his or her dependents. The bankrupt student must also file a bankruptcy in order to prevent him form the collection actions of on all the depts. Also need to file a petition known as adversary proceeding in order to get a determination (Pennsylvania Bar Institute. (2003).

Doyle did not act unethically in trying to have his student loan discharged in bankruptcy. This was just a wise move to enable him sustain the already difficult financial burden he was facing.

Doyle_x0092_s student loan should definitely be discharged at bankruptcy. The expense Doyle is incurring is way more beyond what he is earning. He is undergoing a financial constraint hence the discharge is deemed fit for him.

Question Four

The financing statement filed by PSC Metals, Inc in the debtors name rather than in its corporate name is not effective. In this case, there is only one debtor, who is Keystone Consolidated Industries, Inc. Keystone Steel & Wire Co. and Keystone Consolidated Industries are two different names. In as much as the names might belong to the same company, the creditor might not be in a position to justify the legitimacy of such an argument suppose the debtor company rejects the use of the latter. At bankruptcy, the original company can adequately justify its actions of not paying PSC Metals having been filed into the financing statement with the state. The creditor, who is PSC Metals Inc would in the initial stance used the original corporate of its debtor.

References

In Berlatsky, N. (2015). Bankruptcy

Pennsylvania Bar Institute. (2003). Student loan program: A journey through the world of educational lending, collection, and litigation. Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903: Pennsylvania Bar Institute.

White, J. J., & Summers, R. S. (2010). Uniform commercial code. St. Paul, MN: Thomson/West.