BUS LAW 42206

subject Type Homework Help
subject Pages 6
subject Words 853
subject Authors David P. Twomey, Marianne M. Jennings

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Tom Creighton hired Destroy, Inc., a demolition company, to level an old building on a
busy downtown lot. Destroy, Inc. was given full rein to decide on the amount of
explosives needed and the placement of the charges. Security for the site on the day of
the explosion was contracted out to a private security firm. When the appointed day
arrived, the building was brought down. However, the building fell in a slightly
different direction than that anticipated by Destroy, Inc. Numerous pieces of adjoining
property, both real and personal, were severely damaged. Creighton claims that the use
of an independent contractor such as Destroy, Inc. has insulated him from liability. How
do you respond to Creighton's claim?
Although a drawer has stopped payment on a check, the drawer still may be held liable
on the check.
The intention to ratify an unauthorized act may be expressed by words or conduct.
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The Constitution took certain powers away from the national government and gave
them to the state governments.
There is no exact standard or test by which to determine whether contractual
performance is substantial.
Under UCC Article 2, specific performance is a remedy available only to buyers in
those circumstances in which the goods are specially manufactured, unique, or rare.
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Cyberlaw is a completely new area of law, unrelated to any established field of law.
As an owner of the corporation, a shareholder always has the right to inspect the books
of the corporation for any purpose, regardless of whether the inspection is related to the
shareholder's interest as a shareholder.
Most courts consider an engagement ring to be a conditional gift.
When an accountant makes a contract to perform services, there is a duty to exercise the
skill and care that are common for the accounting profession.
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The standard for rejection requires that any defect in the good be material.
An implied contract is one in which the agreement is shown not by words, written or
spoken, but by the acts and conduct of the parties.
A holder having the rights of a holder in due course is subject to the defense of fraud in
the inducement.
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A special agent is authorized by the principal to handle a definite business transaction
or do a specific act.
When contributory negligence is proven, damages awarded as reduced based on the
plaintiff's degree of fault.
A trust may be terminated by its own terms.
If a person upon whom the assurance is demanded does not have a good reputation or
economic position, a guarantee of performance or a pledge of security may be required.
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A trade fixture is a fixture that is traded in by the owner when purchasing new fixtures.
The Jarvis family owned its land for more than 150 years. The Jarvis family
traditionally farmed the land and for that purpose maintained farm animals. As years
passed, most of the surrounding farms were sold by the owners and the area turned out
to be a close-in suburb of a major city. A zoning ordinance was passed that prohibited
maintaining a barn or farmyard animals on the land. The Jarvis family was advised that
they were unaffected by this ordinance because theirs would be considered a
nonconforming use. The members of the Jarvis family lost interest in farming and sold
off all their animals. Seven (7) years later, a family member desired to raise a few pigs
on the property. Angry neighbors asserted that the family has lost the right to do so.
What is your opinion?

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