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Corporations are entitled to Fifth Amendment protection.
Cyril made two contracts. The first was to have his house painted one month from the
date of the written contract. The second was for his neighbor's 1957 Ford Thunderbird.
Each contract was definite and clear in all respects. As to the house painting, Cyril
inquired with the painter as to when the work could begin. The painter explained that he
was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a
rage and immediately hired someone else who painted the house, but at a higher price.
Cyril then sued the painter, claiming that there was an anticipatory repudiation of the
contract by the painter.
With regard to the automobile purchase contract, after signing the contract, the neighbor
decided that she did not wish to sell her car and refused to complete the transaction.
Cyril attempted to purchase a similar car elsewhere, but the car was a vintage
automobile which was not available on the open market. Cyril sued the neighbor for
specific performance of the contract. Discuss the probable outcomes of the lawsuits.
The right to sue for damages sustained from a defective product is reserved exclusively
to the buyer of such goods.
The relationship of landlord and tenant is always created by an express contract.
Jacob just won the state lottery. Discuss his right to privacy.
A transferee of a nonnegotiable warehouse receipt acquires only the title and rights that
the transferor had actual authority to transfer.
Garnishment is a procedure accomplished only by attorneys.
Grund, a night club performer, financed the purchase of a drum set to be used in his
night club act. The collateral is classified as a consumer good.
The term "cyberlaw" refers to laws and precedent applicable to Internet transactions and
communications.
At an auction sale, a statement made by the auctioneer to draw forth bids constitutes an
offer.
The debts of a decedent are paid prior to distribution of any balance of the estate to
those entitled to receive it.
All bailments are created equally.
For the purpose of determining the right to bring a lawsuit in federal court, a
corporation is a citizen of any state in which it has been incorporated and of the state
where it has its principal place of business.
If two creditors have a security interest in the same collateral, their priority is
determined according to the "last in-first out" provision.
It is worse for the holder to lose order paper than to lose bearer paper.
If a shareholder borrows money and delivers stock as collateral security, the creditor
has a perfected security interest in the stock without any filing by the creditor.
In the partially disclosed principal situation, the agent is considered a party to the
contract.
Chandra sues Martin for breach of contract. Both parties have completed discovery.
Chandra now wants her attorney to file a motion to have the judge rule in her favor
without having to proceed further. Chandra does not know whether the motion to
dismiss or the motion for a summary judgment is proper. Which motion is proper and
why?
Negotiation of commercial paper results in lesser rights to transferees than those rights
afforded assignees of contracts under contract law.
Managers of an LLC have the same fiduciary duties to the entity as corporate officers
have to a corporation.
