The bankruptcy and the equity definitions of insolvency are the same.
In a Chapter 13 proceeding, only the debtor may submit a plan of reorganization.
Although, in general, internal affairs of foreign corporations are not regulated by the
state, at least a few states, including New York, regulate such matters of those
corporations that conduct a majority of their business in the state but are incorporated
elsewhere.
Think about and then discuss why, in your analysis, the reasonable standard of care
differs for the following categories of individuals: children, persons with physical
disabilities, persons with mental disabilities, people with superior skill or knowledge,
people in emergency situations, and those who violate statutory duties. Is there any
logic on which to base these differences because of societal need and expectations?
Does justice demand a different result? Why would the courts make these distinctions?
The relationship between the payor bank and its checking account customer is
exclusively governed by statute and leaves no room for contractual modifications.
A famous decision involving mistake as to the meaning of contract terms is Raffles v.
Wichelhaus, a case involving two ships with the same name which were confused by
the two parties to the contract.
Under the shelter rule, the transferee gets the rights of the transferor who is a holder in
due course even if the transfer is not for value.
Ricardo posts a sign in his neighborhood offering $50 for the return of his Saint
Bernard. Alicia, who knows nothing of the reward, finds the dog and returns it to
Ricardo. Alicia is entitled to the reward.
Ben promises to sell five acres of his land to Tomas for $8,000. If Ben transfers his
right to the $8,000 to Firewood Financial, Ben is the assignee and Tomas is the obligor.
Intentional trafficking in goods known to bear a counterfeit mark can be a criminal
offense.
The Revised Act takes the position that consolidations are, for all practical purposes,
obsolete.
Intentional infliction of emotional distress is a tort that has long been recognized by the
common law and which traces its roots back to England in the Middle Ages.
Delay will have no effect on the power of avoidance.
Property insurance policies are frequently written for periods of at least five years.
What is the difference between time paper and demand paper? When is each type
overdue?