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A franchisor is the person to whom the franchise is granted.
Under the majority view, a contract that does not satisfy the statute of frauds is not
enforceable.
Whenever a contract is intended to benefit a third person, this person is referred to as a
delegator.
Peter contracted to purchase five (5) cases of soda and a vacuum cleaner because Peter
was planning a party for his son's graduation. Both contract forms that Peter signed
contained exclusion of damages clauses; i.e., each contract stated that the buyer had no
right to sue the seller in the event that the goods were defective. Instead, each seller's
sole obligation was to replace or repair the defective goods within a reasonable time of
being notified of the defect(s). These clauses in the contract were set forth in the
ordinary type of the contract and were not especially conspicuous.
The vacuum cleaner was delivered on Friday, the day before the party, when the rugs in
Peter's home were quite dirty. The vacuum cleaner did not work properly. Peter notified
the seller, who responded by saying that nothing could be done until the following
week. Frantic because guests were coming, Peter hired a cleaning service to clean the
rugs.
While serving the soda to guests, one of the bottle caps burst from an unopened bottle
with great force. It struck Peter in the eye and he required medical treatment and
hospitalization.
Eventually, Peter sued both sellers for damages. Peter sought the expense of the
cleaning service from one. From the other, Peter sought damages for personal injury,
including his medical and hospitalization expenses. Both defendant-sellers cited the
exclusion of damages clauses as their defense.
Order paper is converted into bearer paper by the holder's blank indorsement.
Maintaining confidentiality is an ethical issue for both employees and company
management.
The death of a majority shareholder terminates a corporate enterprise.
Sara Student wished to pay off her $5,000 student loan. If she sends in a check for
$3,000 and the creditor cashes the check, the debt will be fully satisfied provided the
check is marked "paid in full."
A seller does not have the right to stop shipment if the buyer has received goods on
credit and the seller learns that the buyer is insolvent.
When secret information is shared or communicated for a special purpose and the
person receiving the information knows it is not to be made known, it loses the
protection it had while secret.
Unless a contract so provides, time is ordinarily not of the essence, and performance
within a reasonable time is sufficient.
Osvaldo was attempting to promote a corporation to be named Xavier, Inc. In that
capacity, Osvaldo signed a lease in the name of Xavier and ordered furniture in the
company's name. The corporation was in fact formed and the board of directors,
knowing of the actions of Osvaldo, moved into the space Osvaldo had leased. Upon
delivery and inspection of the furniture Osvaldo ordered, numerous defects were
discovered, and the furniture was accordingly rejected and returned to the seller. The
corporation was not successful, and as a result, the rent was not paid. Osvaldo was sued
for the unpaid rent and for breach of contract concerning the furniture. The corporation
was sued on the same grounds. Decide the cases against Osvaldo and Xavier, Inc.
The signature on an instrument must appear at the lower right-hand corner of the face of
the instrument.
All states stipulate that there shall be no fewer than three directors for each corporation.
A security interest gives a creditor the same protection than is afforded by a right to sue
on the debt.
The Noise Control Act sets the standards for lawn mowers, automobiles, and other
devices often found in suburban neighborhoods.
Jane asserts she has a legal right. Jane is really saying she has an obligation to perform
or refrain from performing an act.
Collective bargaining agreements generally are subject to a ratification vote by the
employees.
It is not necessary that some person be harmed for an act to be considered a crime.
