What Was the Court's Ruling in Fambrough V

question 34

Multiple Choice

What was the court's ruling in Fambrough v.Wal-Mart Stores,Inc. ,the case in the text regarding an effort by users of an ATM machine to recover fees charged when using the machine at Wal-Mart stores?

• A)Since Wal-Mart employees could testify that a warning was posted on the ATM machines that a fee will be charged,Wal-Mart was not liable.
• B)Although Wal-Mart employees had no personal knowledge of whether a warning that a fee would be charged was posted on the outside of the ATM machines,Wal-Mart was still protected by the Safe Harbor defense.
• C)Since Wal-Mart employees had no personal knowledge of whether a warning that a fee would be charged was posted on the outside of the ATM machines,Wal-Mart was not protected by the Safe Harbor defense.
• D)Since Wal-Mart posted a warning on the ATM machines that a fee will be charged,Wal-Mart was not liable.
• E)Since Wal-Mart posted a warning on the ATM machines that a fee will be charged,Wal-Mart was protected by the Safe Harbor defense.

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Definitions:

Fee Simple Absolute

Ownership rights entitling the holder to use, possess, or dispose of the property however he or she chooses during his or her lifetime.

Ownership Limitations

Restrictions or constraints on the rights of owning property, which may be imposed by law, regulations, or agreements.

Partial Ownership

Holding a fraction or a portion of the total stake or equity in a property, company, or financial asset.

Real Property

Refers to land and anything permanently attached to the land, like buildings and structures.