ACC 543 Week 5 Assignment
ACC 543 Week 5 Assignment
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This 0 page Study Guide was uploaded by tutor2100 Notetaker on Thursday November 19, 2015. The Study Guide belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 15 views.
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Date Created: 11/19/15
Boyd Ferris A00 543 Secured and unsecured transactions 472 The money is mislaid property and it should be awarded to the owner of the hotel In looking at the explanations of both mislaid and lost property the difference between the two terms is how the item was left Under mislaid property it is defined as property that is voluntarily left somewhere by its owner and forgotten about Lost property is where the property is misplaced out of carelessness or negligence The money was found by Mr Franks carefully wrapped in the dresser of the room By its appearance it can be assumed that it was placed there not out of negligence and forgotten by the owner Since Mr Kazi was the owner of the hotel the money goes to him 473 Bailment was not created between the two parties Sisters of Charity should win their appeal For bailment to take place the bailee must knowingly accept goods from the bailor Sisters of Charity have no knowledge of what their patrons place in the lockers for safe keeping As a result no bailment is created Had they known what valuables Mr Meaux placed in the lockers and accepted it then it would be a different story 476 The property was abandoned by the owners All efforts made by the police to find the owners were in vain Since the police department which is an entity of the state found the property it would go to the state and not the owners of the building If the owners of the building had found the property and turned it in then it would rightfully be theirs Managing Risk 501 No the accident is not covered by Mr Usher39s homeowner39s policy It states within the policy that quotPersonal liability and coverage do not apply to bodily injury or property damage arising out of the ownership maintenance use loading or unloading of a motor vehicle owned or operated by or renter or loaned to any insuredquot It is expressly stated that no incidents regarding bodily injury is covered under the policy 505 It comes down to whether or not the car used by the assailants was insured If it was then no but if it was not insured then Nationwide would be obligated to pay the claim Another issue to think about here is the phrase quotaccident arising out of the use of an uninsured vehiclequot Although the car was used in the event it was not the cause of the incident the guns were 506 In this case Traveler is not liable for the settlement The reason being is that the event in questions took place at the time when the policy was in effect Even though the policy has now expired because the event happened when the policy was active then the malpractice insurance will cover it Environmental Issues 452 The US would win in this case Pilot was in violation of the Clean Air Act which regulates the amount of lead and other particles found in gasoline Companies are required to follow the act as well as EPA guidelines accordingly 455 The US would win the case The event in question involved hazardous waste The barrels that contained paint which was deemed hazardous were improperly disposed of The drums were rusted and leaking Furthermore the drums were crushed in order to cover the area properly which may have caused more of the waste to leak out Later tests showed that the soil was now contaminated 456 Yes they are sufficient enough reasons to prevent the nuclear power plants from reopening The key here is health The precedent was set when the power plant suffered an accident that caused the surrounding areas to be evacuated Although it was proven that no radiation was released it caused people to worry about possible future events Worrying about possible threats can invoke stress and a wealth of other negative attributes The mental health of the area was in question This provides grounds for continued closure of the plants 457 In this case the Sierra Club would win The reason is that the woodpecker was deemed an endangered species As a result both the bird and its habitat is protected regardless of a private or even a government agency is authorized to use the land Under the Endangered Species Act it prohibits the quottaking of any endangered speciesquot Taking can involve harassing the animal In taking its habitat it can be said that the act is harassing the animal
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