JD 338

subject Type Homework Help
subject Pages 2
subject Words 352
subject Authors David P. Twomey, Marianne M. Jennings

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Licensees are on the premises with the permission of the landowner.
An auto dealer who does not actually know of a roll-back can use lack of knowledge as
a defense against odometer fraud, regardless of the condition of the car.
When persons enter into an agreement, it is presumed that they intent the agreement to
have some effect.
The Insider Trading and Securities Fraud Enforcement Act of 1988 gave the SEC
authority to bring an action against an individual purchasing or selling a security while
in possession of material, inside information.
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Robertson and Enrickson prepared an agreement to enter into a partnership. Both of the
partners realized that outside capital was needed for the firm to begin operations;
however, they also realized that their individual and combined credit ratings would not
attract sufficient funds. In order to improve the new partnership€s ability to attract
investment capital, and with the approval of Enrickson, Robertson added his friend
Thompson€s name to the partnership agreement. Thompson, a well-known
personality from a family of means, was not asked to be a partner and knew nothing of
Robertson's and Enrickson's actions. Upon seeing Thompson's name on the partnership
agreement, a local bank readily agreed to advance Robertson and Enrickson the total
sum required to begin operations. The partnership has now failed, and the bank would
like to hold Thompson, Robertson and Enrickson liable for the amount of the loan. Will
the bank recover from Thompson, Robertson and Enrickson?
Careless actions that result in injuries to others usually are not deemed to be torts.

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