Read the case study and then answer the questions that follow. Case Study Mr. and Mrs....

 

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Read the case study and then answer the questions that follow. Case Study Mr. and Mrs. Dahlstrand filed a complaint in state court against Clark Home Inspection Services; Holmes and Holmes, as owners of Handy Construction; and Ice Windows as a result of damages they incurred when tropical storm-force winds destroyed their allegedly hurricane-proof home. Handy Construction was the head contractor that built the Dahlstrands' home. Handy subcontracted with lee Windows to install hurricane-resistant windows in the home. The windows were manufactured by Windy-Proof Glass and Shutters, which was not named as a defendant in the lawsuit. Clark Home Inspection Services verified that the home was built properly and was up to code regarding all hurricane protections, including the windows. In the contract the Dahlstrands signed with Clark, they waived their right to sue Clark for any damages that resulted from defects not apparent by visual inspection. Clark claims that whatever went wrong with the windows was not apparent or predictable as a result of their visual inspection. Ice Windows wants to bring Windy-Proof into the suit, claiming that it is Windy-Proof that is responsible for the substandard quality of the windows and not Ice Windows. Handy Construction claims that it is not responsible for the damages caused by the hurricane because the house was built correctly, and it was the windows and/or installation of the windows that was faulty. Windy-Proof is claiming that the substandard construction of the home and installation of the windows is what caused the windows to shatter. Assume that the lawyer you work for represents Clark Home Inspection Services. If the company wants to be removed as defendant from this case, what should you suggest to the lawyer as the most appropriate action? Qa. File an answer including the affirmative defense that plaintiffs waived their right to sue in this situation. Ob. File an answer alleging the commission of a tort. O c. File a motion to dismiss based on lack of personal jurisdiction. d. File a counterclaim against the plaintiffs for breach of contract. Read the case study and then answer the questions that follow. Case Study Mr. and Mrs. Dahlstrand filed a complaint in state court against Clark Home Inspection Services; Holmes and Holmes, as owners of Handy Construction; and Ice Windows as a result of damages they incurred when tropical storm-force winds destroyed their allegedly hurricane-proof home. Handy Construction was the head contractor that built the Dahlstrands' home. Handy subcontracted with lee Windows to install hurricane-resistant windows in the home. The windows were manufactured by Windy-Proof Glass and Shutters, which was not named as a defendant in the lawsuit. Clark Home Inspection Services verified that the home was built properly and was up to code regarding all hurricane protections, including the windows. In the contract the Dahlstrands signed with Clark, they waived their right to sue Clark for any damages that resulted from defects not apparent by visual inspection. Clark claims that whatever went wrong with the windows was not apparent or predictable as a result of their visual inspection. Ice Windows wants to bring Windy-Proof into the suit, claiming that it is Windy-Proof that is responsible for the substandard quality of the windows and not Ice Windows. Handy Construction claims that it is not responsible for the damages caused by the hurricane because the house was built correctly, and it was the windows and/or installation of the windows that was faulty. Windy-Proof is claiming that the substandard construction of the home and installation of the windows is what caused the windows to shatter. Assume that the lawyer you work for represents Clark Home Inspection Services. If the company wants to be removed as defendant from this case, what should you suggest to the lawyer as the most appropriate action? Qa. File an answer including the affirmative defense that plaintiffs waived their right to sue in this situation. Ob. File an answer alleging the commission of a tort. O c. File a motion to dismiss based on lack of personal jurisdiction. d. File a counterclaim against the plaintiffs for breach of contract.

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c File a thirdparty complaint against Clark for failure to properly inspect the windows Stepbystep ... View the full answer