LGST 51292

subject Type Homework Help
subject Pages 7
subject Words 756
subject Authors David P. Twomey

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The act of stopping payment on a check imposes no liability on the depositor.
An agency may arise by appointment, conduct, ratification, or operation of law.
When the desired use of land is in harmony with the general nature of surrounding
areas, a zoning variance is usually granted.
A merchant is about to transfer his entire inventory as part of an annual clearance
action. This transfer is called a bulk transfer.
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Due diligence is defined as to the process by which the buyer of property conducts a
thorough investigation of the property and its uses to determine whether environmental
or nuisance problems exist.
A contract for the sale of shares must be evidenced in writing and include the price and
quantity of the securities.
It is not an unlawful employment practice for an employer to hire employees on the
basis of religion, sex, or national origin in those instances where religion, sex, or
national origin is a bona fide occupational qualification (BFOQ) reasonably necessary
to the normal operation of a particular enterprise.
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The time for performance is typically essential in a contract for the sale of perishable
property.
Statutes are the only source of law.
Under the common law, the reason a landlord terminates a lease by notice is immaterial.
The two principal legal theories under which a plaintiff may prove a case of unlawful
employment discrimination are disparate treatment and disparate impact.
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The authority of corporate employees and other officers is generally limited to the
duties of their offices.
Gerwin's daughter Mary was seeking a position as an associate attorney with Baker,
Charles & Dixon, a large metropolitan law firm. The firm, after several meetings with
Mary over a two-month period, made Mary an offer of employment on January 15.
Mary accepted the offer that day and immediately left for Cape Cod to celebrate
without telling Gerwin or anyone else about her new job.
On January 17, two days after Mary had accepted the offer, Gerwin sent Baker, Charles
& Dixon a letter in which she offered to give Baker all of her legal business
(approximately $40,000 per year) if the law firm would hire Mary. The law firm
accepted.
After Gerwin learned that Mary already had been hired by Baker, Charles & Dixon,
Gerwin refused to transfer her business to the law firm. The law firm has brought suit
against Gerwin on the grounds that a valid contract exists between them. How will the
case be decided?
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The federal court system consists of three levels.
A contract that has elements of both goods and services is always classified as a
contract for the sale of goods.
The Federal Trade Commission expands the rights of a holder in due course in a
consumer credit transaction.
When a bank certifies a check, the amount involved in the certification will be retained
in the depositor's account until payment of the certified check.
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Under a freehold estate, a person owns property only for a specified number of years.
A third person does not have the status of an intended third-party beneficiary unless it is
clear at the time the contract was formed that the parties intended to impose a direct
obligation with respect to the third person.
The formation of contracts in cyberspace is always governed by the law of the United
States.

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