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A primary obligation and a collateral promise are the same.
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- Coriana was walking her pet alligator and her pet tiger when she ran into Gloria on the street. The two had a friendly conversation, but then the subject of whether the legal system should keep the Erie doctrine came up. Coriana became enraged as Gloria argued for repudiating the Erie doctrine. Gloria responded by calling Coriana a "civil procedure illiterate loser" so loud that everyone else in the neighborhood said "dang" at the same time. Coriana responded by saying that listening to Gloria was more boring than learning about recording statutes in property and ordered her alligator and tiger to attack. Fortunately, Gloria was wearing samurai armor and sustained only minor cuts and bruises. Gloria sues Coriana for defamation in the first lawsuit, and loses a jury verdict. In a second lawsuit, she sues for battery. Coriana asserts that the battery claim is precluded. What result under the transactional and evidentiary tests?A.Precluded under both.B.Precluded under the transactional, but not the evidentiary test.C.Precluded under the evidentiary, but not transactional test.D.Precluded under neither test.
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- Sherman corporation is domiciled in Georgia. It manufactures tanks (for now just one model) for personal use and sells them nationwide; it designs and manufactures the tanks in Georgia. As relevant here, it runs advertisements in Indiana on television, radio and social media. "Lay waste to anyone you get in an accident with and settle any personal disputes like a Civil War general marching to the sea. Get Sherman tough!" a typical advertisement says. It has 25 service centers in Indiana and runs 50 tank dealerships where it sells tanks to customers. Also as relevant here, Sherman co. sold one of its tanks to Sheridan in Ohio from a dealership in the state about two years ago. Sheridan died and his son Pope, also from Ohio, inherited the tank. Pope decided to take the tank on a cross country road trip. While driving through Indiana, he saw an RV that suited him better and traded his tank in at a used car dealership (not one that Sherman co. owned or operated). Grant purchased the tank from the reseller and when he got cut off by a motorist named Lee, took aim with the tank's turret, and tried to shoot the car off the road. Unfortunately, the barrel exploded, causing minor injuries. He sued Sherman co. for negligent design in Indiana court. Does the court have personal jurisdiction?A.No.B.No under the but-for test.C.No under the evidentiary test, but maybe under the but-for test.D.Yes under the evidentiary test and yes under the but-for test.