LWP 556

subject Type Homework Help
subject Pages 4
subject Words 436
subject Authors David P. Twomey, Marianne M. Jennings

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An assignee of a contract can bring suit on the contract only in the name of the assignor.
A "best efforts" clause is always deemed too indefinite to be enforceable.
When a negotiable instrument is transferred by negotiation, the transferee is recognized
as the holder of the paper.
Any false statement in an application binds the insured.
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Shareholder control is generally limited to voting at shareholders€ meetings to elect
directors.
According to the EEOC, claims for retaliation may only be filed under Title VII.
A quorum is broken if shareholders leave and those remaining are not sufficient to
constitute a quorum.
A will, to be effective, always must be dated.
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Ames, an agent for Baker Antiques, had the authority to purchase early 20th-century
American furniture costing a maximum of $1,500 per piece. Ames bought a
19th-century French desk for $3,000 from Carter. Baker was furious when she saw the
desk, and she fired Ames. Nevertheless, she put the desk on display in the shop with a
$5,000 price tag. When the best offer she got for the desk was $2,500, Baker returned
the desk to Carter. Baker told Carter that Ames had exceeded his authority in
purchasing the desk, and she demanded that Carter refund the $3,000 that Ames had
paid for the desk. Will Carter have to do so?
Billy has a dispute with Sleepdigit Bedspring Company over a number of beds Billy
recently purchased from Sleepdigit for use in his hotel. Billy needs to decide whether to
pursue litigation or employ an alternative means of dispute resolution. What advantages
are most often associated with alternative dispute resolution? Which choice would be
most appropriate in this case?

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