A right to a nonconforming use of land cannot be lost through abandonment.
The promise of a creditor to refrain from collecting a debt is consideration for a promise
by the debtor to modify the terms of the transaction.
If a contract can be interpreted in two ways, one legal and the other illegal, the court
will assume that the legal meaning was intended unless the contrary is clearly indicated.
Under the common law and the majority rule, a landlord has no duty to mitigate
damages when the tenant abandons the premises before the expiration of the lease.
The creditor’s failure to give the surety notice of default is not a defense.
A negotiable warehouse receipt states that the goods received will be delivered to the
bearer or to the order of any named person.
Wilma was an employee of the Electric Storage Battery Company. She was fired. She
claimed that she was fired because she was a member of a labor union. The employer
asserted that she was fired because she was a poor worker. Wilma filed an unfair labor
practice complaint with the National Labor Relations Board. Its examiner held a
hearing at which evidence was presented showing that Wilma was a poor worker. Other
evidence presented showed that the employer was opposed to labor unions. The Board
decided to believe Wilma’s witnesses and concluded that she had been fired because she
belonged to the union. Can the employer appeal this decision?
At common law, a hotelkeeper was absolutely liable for damage to, or loss of, a guest’s
property unless the hotelkeeper could show that the damage or loss was caused solely
by an act of God, a public enemy, an act of a public authority, the inherent nature of the
property, or the fault of the guest.
Property held by a bailee may be used by the bailee without the permission of the
bailor.
A third person who deals with a person claiming to be an agent has the right to rely on
the statements made by the agent concerning the extent of the agent’s authority.
An express contract is one in which the agreement is shown by the acts and conduct of
the parties.
Regulations properly adopted by agencies are important, but they do not have the full
force of law as do statutes.
In most states, statutes limit or provide a method of limiting the common law liability
of a hotelkeeper.
If a limited partnership certificate is never filed, all partners are treated as limited
partners.
The federal government may regulate any area of business to advance the nation’s
economic needs.
Arthur was looking for a Father’s Day gift for his dad, Tony. Tony was a cigar smoker
but Arthur was a nonsmoker. Arthur went to a cigar store and was looking around when
the proprietor suggested Arthur try a new imported cigar. The proprietor touted this new
cigar as “just like the great Cuban cigars.” Arthur was reluctant but did light one of the
cigars, which had a pleasant aromatic smell and took about five to six minutes to be
consumed. On this basis, Arthur bought a box of the cigars and presented them to his
father as a gift. When the father smoked one of the cigars, it gave off an acrid smell and
was completely consumed in less than two minutes. When Arthur saw this, he was very
upset and asked his father to try another. The same situation was repeated with the acrid
odor and the cigar burning down very quickly like a cigarette.
After Arthur tried unsuccessfully to return the cigars for a refund, Arthur filed a small
claims court action against the store. The case was based on the failure of the purchased
cigars to conform to the sample, breach of the implied warranty of merchantability, and
the misleading statement “just like the Cuban cigars.” Discuss the probable outcome of
the case.
Bylaws are typically approved by the officers of the corporation.