Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
A draft is always a check, but a check is not always a draft.
Singleton, an eighty-year-old widower, remarried. The next day, he made a will leaving
everything to his son, Joey. A week after his marriage, Singleton died. How will his
estate be handled?
Raymond agrees to transfer an easement right to Sandra for $1,000. This contract is
within the statute of frauds and therefore needs to be in writing to be enforceable.
Corporations have a distinct advantage over other forms of business organization in the
area of taxation.
Article 9 applies to any transaction intended to create a security interest in real property.
Discuss the requirements of the Family and Medical Leave Act.
Some courts have held that employee handbooks create binding contract terms.
Because details can always be added later, its better to not overwhelm a contract with
specifics in the beginning.
It is unethical to use your lawyer as an excuse for a provision of a contract, such as,
"My lawyer insists that I have a liquidated damages clause...
Actus reus means the "guilty act" and is one element the prosecution must prove in a
criminal case.
Mavrex, Inc. received an application from Larry and, since his written qualifications
seemed to meet a pressing current need, they hired him without checking his references
or prior records. Actually, Larry had been in prison for murder several years earlier.
Tom, a long-time Mavrex employee, angered Larry when Tom tried to tell Larry how to
do his job. Larry attacked and injured Tom. If Tom sues Mavrex, what would his cause
of action be, and what elements would Tom need to prove to win his case?
Wilfred was driving too fast for the icy road conditions and hit Sally's car. Sally can sue
Wilfred in criminal court.
Preferred Contractors was a general contractor and owner of a condominium complex
which was under construction. Barrett, a subcontractor, had been hired by Henderson
Plumbing, another subcontractor, to help it complete the plumbing work on the project.
When Henderson began using shoddy installation procedures and subsequently fell
behind the scheduled completion time for the project, Preferred Contractors urged
Barrett to correct Henderson's mistakes and to finish the job. Barrett refused to continue
until he knew who would pay him, since he feared Henderson's financial position was
shaky. Nonetheless, Preferred Contractors job superintendent told Barrett to go ahead
even if Barrett and Preferred Contractors had no contract because "he would use his
influence to try to help Barrett get his money." Barrett finished the work and sent a
$7,500 bill to Henderson, which was never paid. When Barrett later sent the bill to
Preferred Contractors, these facts emerged: Preferred Contractors told him that due to
Barrett's failure to notify Preferred Contractors promptly of Henderson's non-payment,
Preferred Contractors had already paid Henderson in full and therefore would not pay
twice for the work. Discuss the best possible theory of recovery Barrett may argue.
List and discuss the elements necessary to establish negligence.
Nicholas and Holly are partners in a toymaking shop. If Rudolph obtains a judgment
against Nicholas for injuring Rudolph while Nicholas was on partnership business,
Rudolph must try to collect from the partnership before going after Nicholas personal
assets.
Joint tenants own a percentage of a property and also have the absolute right of
partition.
Franchise fees can be costly, but they are usually payable over a number of years, after
profits are generated from the business.
Andy wants to start his own business. He has decided to rent space in a 'strip mall" and
open a pet shop. Additionally, he will provide dog grooming services. He figures he can
do almost everything himself, though he will need to hire a part-time employee on an
"as needed" basis. His friend, Lacy, has agreed to work when needed.
Andy is considering operating his business as a sole proprietorship. What are the
primary legal advantages and disadvantages to this form of business ownership for
Andy's pet shop?
Discuss when monopoly power is not a violation of Section 2 of the Sherman Act.
Under current law Internet service providers are not liable for information that is
provided by someone else.
