Jаne Gebert (Plаintiff) оwned а thоrоughbred yearling horse, a chestnut filly (sometimes referred to herein as Filly). Plaintiff had extensive experience in ranching, and in raising thoroughbred horses for sale. Albert Yank (Defendant) is what is known as a bloodstock agent, selling thoroughbreds for a commission. Filly was foaled (born) in May 2023. In 2024, Plaintiff decided to sell her. Plaintiff valued young Filly at $30,000 and was anxious to command the best price she could get. Plaintiff decided to employ Defendant as her agent for the select sale. Yank was a widely known and respected bloodstock agent, with many years of experience. It was agreed that Filly would be transported to Defendant’s Swiss Ranch for preparation prior to the sale. Defendant would be paid for the transportation, care and sale of Filly from the sale proceeds. The horse was delivered by Plaintiff to Defendant on July 15, 2024. On July 23, 2024, Filly was exercised by horse trainer Wally Dunne, an employee of Defendant, in a round pen. Filly was wearing a halter strapped on her head, with a ring under the chin. The groom held a leather shank, a strap approximately one inch wide and seven feet long; attached to the shank was a thirty-inch chain, which had been passed through the ring of the halter and reattached to itself, forming a loop. Filly “struck out,” i.e., raised her left hoof and leg; her hoof got entangled in the loop of the chain. She reared up, fell backward and injured herself, and another employee came to the scene and cut the halter off of Filly’s head. It was necessary to call a veterinarian and that same day Filly was euthanized. Plaintiff sued Defendant for breach of a bailment contract. At trial, the hotly disputed issue was whether the configuration of shank and looped chain Defendant placed around Filly’s head and neck was negligent or met the requisite standard of care. There was sharp disagreement between the witnesses on this point. Experienced horse breeder Ruth Betty Rutledge was Plaintiff’s expert witness and declared that the chain loop was very careless and should have been knotted to ensure the horse’s safety. On the other hand, Defendant’s expert, Jimmy Mayer, testified that it was customary in the breeding industry to use a 30-inch chain just as it had been utilized by Defendant’s groom. Plaintiff also presented the expert testimony of Robert A. Sweeny, who placed a value of between $15,000 to $20,000 on Filly. The jury found liability on the part of Defendant for breach of the bailment contract regarding Filly and awarded Plaintiff the sum of $17,500. Defendant appealed and contends that Plaintiff failed to prove Defendant was negligent in handling Filly. In the absence of such proof, judgment should be ordered for Defendant. Plaintiff contends once it proved the bailment, Defendant had the burden to prove Filly was handled within the applicable standard of care. Please set forth the essential elements of the bailment claim which Plaintiff was required and prove and those, if any, Defendant was required to prove and the legal basis of your answer.
The creаtоr оf the Bаllоon plаces it over the city as a protest against pollution.
Explicаte (explаin the meаning оf) the fоllоwing poem by Joy HarjoPerhaps the World Ends HereBY JOY HARJO The world begins at a kitchen table. No matter what, we must eat to live. The gifts of earth are brought and prepared, set on the table. So it has been since creation, andit will go on. We chase chickens or dogs away from it. Babies teethe at the corners. They scrape their kneesunder it. It is here that children are given instructions on what it means to be human. We make men atit, we make women. At this table we gossip, recall enemies and the ghosts of lovers. Our dreams drink coffee with us as they put their arms around our children. They laugh withus at our poor falling-down selves and as we put ourselves back together once again at thetable. This table has been a house in the rain, an umbrella in the sun. Wars have begun and ended at this table. It is a place to hide in the shadow of terror. A placeto celebrate the terrible victory. We have given birth on this table, and have prepared our parents for burial here.At this table we sing with joy, with sorrow. We pray of suffering and remorse. We give thanks. Perhaps the world will end at the kitchen table, while we are laughing and crying, eating ofthe last sweet bite.
STOP! READ ALL OF THESE INSTRUCTIONS CAREFULLY BEFORE BEGINNING THIS EXAM: FORMAT OF THIS EXAM: This exаm cоvers mаteriаl frоm Unit 1 оf lecture (chapters 1-5) This exam will NOT allow backtracking (going back to a previous question) Each question will appear ONE AT A TIME After the stated time limit (95 minutes), the test WILL AUTOMATICALLY SUBMIT, whether you are finished or not. So be aware of the time as you are progressing through this exam This test consists of 70 questions. It is a combination of question types. READ EACH TEST QUESTION THOROUGHLY BEFORE ANSWERING! ATTEMPTS: You only get TWO (2) attempts! This exam MUST be completed in ONE SITTING (you may NOT save and return to the exam at a later time). TIME LIMIT & EXPECTATIONS: You will have 95 minutes to complete this exam You will need to use HONORLOCK to take this exam This is a closed book, closed notes, closed phone, closed family/friend/classmate exam. NO other resources should be used at any time during this exam NO communication at all should occur between you or anyone else during this exam NO additional electronic devices should be utilized for the completion of this exam. These include items such as, but not limited to, iwatches, any type of smart watch, air pods/headphones or any other smart peripheral NO help from Artificial Intelligence, Siri, Google Assistant, Cortana or any other variation of search assistants is allowed NO cheating of ANY kind will be tolerated. Any cheating that is discovered will be dealt with as per the syllabus. I am trusting you to be honest and adhere to the honor code as stated below during this exam. San Jacinto College students should exhibit honesty, integrity and high standards in their academic work. HONOR CODE: Students must be completely honest in all phases of their work. Cheating includes, but is not limited to, the following: Dishonesty of any kind on any examinations, assignments or program requirements; Unauthorized possession of examinations, electronic devices, unapproved notes or sources at any time, whether used or not; Copying or obtaining information from another student during an examination or performance of a lab skill or competency Members of the college community benefit from an open and honest educational environment. Upholding academic integrity is the responsibility of everyone. Refer to the Student Handbook Section: Policy on Cheating, Plagiarism, Collusion and Fabrication ( https://www.sanjac.edu/procedure-v5001ba-cheating-plagiarism-collusion-and-fabrication ) for more information. As stated in the course's syllabus: HONORLOCK IS required in order to take this exam A photo ID is required for verification of the fact that it is YOU taking this exam DO NOT CHEAT, DO NOT TRY TO CHEAT AND DO NOT GIVE ME A REASON TO REVIEW YOUR HONORLOCK RECORDING. I will be reviewing and pursuing all suspicious recordings By taking this exam and submitting your answers, you are acknowledging your compliance to the academic honesty policy at San Jacinto College. If you are caught, or even suspected, of anything less than a 100% honest effort, please expect nothing less than the full negative consequences of your actions in accordance with the syllabus for this course. The syllabus for this course states, in the event of cheating the following will be enacted/followed: Any violation of the Academic Honesty Code will absolutely NOT be tolerated. TIPS TO REMEMBER WHILE TESTING: Take the exam at a table, sitting in a chair and NOT on a computer that is sitting on your lap. Look straight forward into the webcam/screen while testing. Try to avoid looking down or to the sides excessively Make sure the webcam is at eye level, not above or below eye level Have the area around you completely clear of other technology/notes/books Show your desktop or tabletop when recording the environment check video You need to be in a quiet place ALONE, other people being in the room will flag your attempt & cause me to review it BEFORE YOU BEGIN THIS EXAM: Make sure that you have a strong internet connection on a laptop or computer, do NOT take this exam on your phone!! Make sure your cache and cookies have been cleared out of your browser before beginning the testing process Make sure that you have downloaded the HONORLOCK extension first before attempting this exam Please make sure that pop-up blockers have been turned off during the time you are taking this exam Make sure you are, if possible, hardwired into the internet. WiFi is NOT recommended while taking this exam You have a total of 95 minutes to complete this exam. Each question will show up one by one, backtracking is not allowed, and each exam is different due to randomized questions being chosen. Once you begin this exam, you must finish it! There is no saving and coming back later. Be sure that you are in a place that has ABSOLUTELY NO distractions or other people. If someone around you clicks "Submit" before you are ready, you will NOT be allowed to retake this exam. By clicking "Begin" below, I agree to conform to the honesty code of the college. I understand that if I fail to follow the rules, I will be subjected to disciplinary sanctions/actions, which can lead to suspension or expulsion from the college. Take a deep breath, click the link when you're ready. Good luck!