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Tate brings an action against Marsheen for damages from trespass to Tate's property.
Tate must prove the case by a preponderance of the evidence.
Discuss the concept of freedom of contract under Articles 2 and 2A of the UCC.
In a unilateral contract a promise is exchanged for an act or forbearance to act.
Sixteen-year-old Todd's parents provide adequate food, lodging, and clothing for him,
but he sees a sweater he wants and purchases it. In all states, the sweater is considered a
necessary since it is an item of clothing.
The 1999 amendments to the Revised MBCA did not change the voting rule;
fundamental changes still need be approved by a majority of the votes entitled to be
cast.
Even if a defendant's own negligent conduct created an emergency, he will not be liable
for the consequences of the conduct if he acted with reasonable care in the resulting
emergency situation.
The Uniform Commercial Code is a federal law that applies to commercial transactions
among the states.
The 1994 amendments allow the creditors to elect a trustee in a Chapter 11 proceeding
if the court orders the appointment of a trustee for cause.
Because of the Bill of Rights, state legislation that conflicts with federal legislation will
preempt the federal legislation and the courts will apply the state statute without
modification.
