Description

Your Assignment is to: (with your name on it),

1. Analyzeeach of these threecases in your mind and then state the legal issues to be considered.

2. Evaluate the legal issues in this case and determine the strengths and weaknesses of (a.) the suit by the Plaintiff against the defendant. List the strengths and weaknesses you identify.

3. Deduce logical and specific arguments based on the information you have learned in the Chapters we have covered for this test of your textbook and what you have learned in this course. (I am looking for verifiable deductions from the material we have covered and not just your opinion). You also must cite the source which is the basis for your deduction such as the cases or the writings that are similar which we have covered. You may also seek and cite outsource reputable sources.

4. Infer and state your logical legal conclusions based on your analysis, evaluations, and evidence you have previously stated. This legal conclusion should include (a.) who should win the law suit, and legally why and (b.) who should win the law suit.

Case # 2- Frances Hector enteredCedars-SinaiMedicalCenterin Los Angles for a surgical operation on her heart. During the operation, a pacemaker was installed in her. The pacemaker, which was manufactured by American Technology, Inc., was installed by Dr. Kompaniez. The pacemaker was defective causing injury to Ms. Hector. She sued the hospital under the U.C.C. saying they had sold her defective goods. The hospital defended on the grounds that the U.C.C. did not apply since they were not selling goods but a service. What is the legal basis for the Plaintiff's (Hector's) case? What are the legal defenses that could be raised in this case? Explain this defense. Which do you feel should win? Substantiate your answer by legal reasoning. What portions of Article 2 of the U.C.C. would apply? Discuss the legal theory behind your answer.Hector v. Cedars-Sinai Medical Center, 180Cal.App.3d 493, 225Cal.Rptr. 595 (1986)California.