For the past century, the United States Supreme Court has generally followed the
“living document” view in interpreting the Constitution.
The covenant of quiet enjoyment protects the tenant from interference with possession
by the landlord or the landlord’s agent, and it also imposes liability on the landlord for
the unlawful acts of third persons.
In the absence of an agreement to the contrary, a tenant is not liable for increased taxes
imposed on the rented property by a general tax increase.
A warehouse receipt may be either negotiable or nonnegotiable.
The notice of a special meeting of shareholders must include a statement of the nature
of the business to be transacted and no other business may be transacted at such a
meeting.
“Mental state” does not require an awareness of guilt.
A holographic will is an unwitnessed will that is written by the testator entirely by hand.
All private or limited offerings of securities are exempt from the SEC registration
requirements.
In a cash sale not requiring the movement of goods, each party has the right to demand
that the other perform at the same time.
A divestiture order is a decree ordering a defendant to dispose of excessive ownership
or control of interests in competing enterprises.
Consumers must re-register every three years in order to stay on the National Do Not
Call Registry.
A holder can recover from any of the parties who are liable on the instrument,
regardless of the order of the signatures on the instrument.
Standby letters of credit are used only in international trade situations.
A court can dismiss an individual debtor’s petition if the debtor does not satisfy the
means test.
Sam Student had borrowed $1,000 from his cousin. Sam and the cousin became
involved in a heated disagreement when the cousin began to press Sam for repayment
of the loan. Finally, Sam wrote a check for $190 to the cousin and conspicuously wrote
on the check in big letters that it was full and final payment of the $1,000 loan. In need
of money, the cousin cashed the check and demanded the remaining $810 from Sam.
Sam refused to pay, claiming that they had entered into an accord and satisfaction that
discharged Sam’s obligation to pay anything more. The cousin sued Sam. Discuss the
probable outcome.
Humberto called his friend John and asked him to come over immediately because
Humberto had suffered a stroke and might be dying. In their telephone conversation,
Humberto advised John that he wanted to give John his gold watch. Immediately after
their telephone conversation, Humberto wrote out a will that left his share in Blackacre
to John. Blackacre was the marital home of Humberto and Connie, who owned the
home as tenants by the entirety. Humberto died before John arrived at Blackacre. John
claims the watch and a share in the home. Connie contests both matters. Decide.
Courts can create law.
The fact that payment on a check has been stopped does not affect its negotiable
character.
The payee has no rights in an instrument until the drawer or the maker has delivered it
to the payee.