ESSAY Questions: 1. John H. Surratt was one of John Wilkes Booth?s alleged accomplices in the murder of President Lincoln. On April 29, 1865, the Secretary of War issued and caused to be published in newspapers the following proclamation: ?$25,000 reward for the apprehension of John H. Surratt and liberal rewards for any information that leads to the arrest of John H. Surratt.? On November 24, 1865, President Johnson revoked the reward and published the revocation in the newspapers. Henry B. St. Marie learned of the reward but left for Rome prior to its revocation. In Rome, St. Marie discovered Surratt?s whereabouts. In April, 1866 unaware that the reward had been revoked, he reported this information to U.S. officials. Based on this information Surratt was arrested. The government denied St. Marie the reward. A. Should Marie have received the reward? Explain. Be sure to include in the discussion any theories of recovery Marie would argue as well as those the government would use to defeat Marie. B.If Marie were to get the award, would he be entitled to the full $25,000? Explain? C) What if this had occurred in the year 2010 and the reward was published not in a newspaper but on the Internet as was the revocation. Would the result be the same? Would it be the same if the award was published on the Internet, but the revocation in the newspaper? Explain 2. Joe Alexander contracted with Robert Harris for the sale of Harris?s business on February 1, 1988. Alexander purported to act on behalf of J&R Construction, a newly formed corporation. As the incorporators, Joe and Rita Alexander and Avanell Looney signed the articles of incorporation for J&R on the same day that Joe contracted with Harris. The Articles were not filed until February 3, 1988. When J&R defaulted on its payments due under the contract with Harris in 1991, Harris sued both Alexander and Looney personally for the $49,696, 21 still owed. The trial court held Joe Alexander personally liable because Joe had signed the contract with Harris. They did not hold Rita or Looney liable because the corporation had not yet come into existence. Harris appealed. A) Under what legal theory should Harris base his appeal? B) What should the court decide? Short Answer: 3 A) As a beginning songwriter and performer, you are convinced that a certain model of guitar is what you need to turn the musical world on its ear. Chick's Music store advertises the item but because the store is sold out when you get there, you accept a rain check signed by Daria, one of the employees. You return to the store one month later, but Chuck refuses to honor the rain check. Under the UCC would you win your suit to enforce the contract? Why or Why not? 3 B) On May 1, you contract orally with Johnny, a salesperson with Keyboards Emporium, to buy for $450 an electric organ for your personal enjoyment with delivery to occur on July 1. On May 15, you ask for delivery on June 1 and Johnny agrees. But delivery does not occur on June 1. The store later tells you delivery will be on July 1 as agreed in the first place. Under the UCC which delivery date is binding? Explain. Would there be a difference under common law contracts? Explain 3C) On the morning of October 2, 1989 a fire started by an arsonist broke out in the Red Inn in Provincetown, Massachusetts. The inn had smoke detectors, sprinklers, and an alarm system, all of which alerted the guests, but there were no emergency lights or clear exits. Attempting to escape, Deborah Addis and James Reed, guests at the inn, found the first-floor doors and windows locked. Ultimately, they forced open a second-floor window and jumped out. To recover for their injuries, they file suit in Massachusetts state court against Tamerlane Corporation, which operated the inn under a lease, the owners of the inn, and Diane Steel, an employee of the inn. Under what tort theory might Addis and Reed recover damages from Tamerlane and the others? What must they prove to recover damages under the theory? Discuss fully MULTIPLE CHOICES WITH AN EXPLANATION: 1) Red Owl Stores, Inc induced the Hoffmans to give up their current successful business to run a Red Owl Franchise. Although no contract was ever signed, the Hoffmans incurred numerous expenses in excess of $5,000 based on Red Owl?s representations. When the deal ultimately fell through because of Red Owl?s failure to keep its promise concerning the operation of the franchise agency store, the Hoffmans brought suit to recover their losses from the business they left behind and their out of pocket expenses on the Red Owl project. Will the Hoffmans recover any or all of their money? A) No, the Hoffmans cannot recover anything because the Statute of Frauds should apply. B) No, because the business they left behind was not part of the contract with Red Owl. C) Yes, the can recover everything under the doctrine of promissory estoppel. D) Yes, they can recover their out of pocket expenses on the Red Owl project because they relied to their detriment on Red Owl. 2. Owens, a federal prisoner, was transferred from federal prison to the Nassau County Jail pursuant to a contract between the U.S. Bureau of Prisons and the county. The contract included a policy statement that required the receiving prison to provide for the safekeeping and protection of the transferred federal prisoners. While in the Nassau County Jail, Owens was beaten severely by prison guards and suffered lacerations, bruises, and a lasting impairment that caused blackouts. Can Owens, as a third party beneficiary, sue the county for breach of its agreement with the U.S. Bureau of Prisons? A) Yes, because the intention to benefit a third party may be gleaned from the contract as a whole. B) No, because while the contract implies the intention to benefit a third party it does not specifically identify which party. C) Yes, because the contract was made to benefit third parties and it is not necessary to identify the third party. D) No, because Owen was a mere incidental beneficiary to the contract. 3) Patricia Aiken suffered a heart attack and was hospitalized at Phoenix Baptist Hospital and Medical Center, Inc. Later she passed away. At the time of her admission, the Aikens told the hospital that they did not have the money to pay for medical care. At the same time, Patricia?s husband, Thomas, signed an agreement to pay her medical expenses. He did not read what he signed, no one explained the agreement and he later claimed that he was so upset that he couldn?t remember signing anything. When the bills were not paid, the hospital filed suit. Will the Aikens have to pay the hospital? A) Yes, because the hospital relied on the signed agreement and performed. B) No, because while there was a written agreement the performance resulted in Mrs. Aikens demise. C) Yes, because even though the hospital was aware of the Aiken?s lack of funds, Mr. Aiken should have known when he took his wife to the hospital that they did not give care for free. D) No, because the agreement was an adhesion contract obtained under circumstances that made it unenforceable and it was not explained to him at the time by the hospital. 4) Steven Lanci was involved in an automobile accident with an uninsured motorist. Lanci was insured with Metropolitan Insurance Co., although he did not have a copy of the insurance policy. Lanci told Metropolitan that he did not have a copy of the policy and entered into negotiations with them in the meantime. Ultimately Lanci settled for $15,000, noting in a letter to Metropolitan that this was the ?sum you represented to be the?policy limits applicable to the claim.? After signing a release, Lanci learned that the policy limits were actually $250,000 and he refused to accept the settlement proceeds. Lanci argued that the release had been signed as a result of a mistake and therefore is unenforceable. Should the court enforce the contract? A) Yes, because Lanci as a reasonable person should have known what the policy limits were. B) Yes, because Lanci entered into the negotiations knowing that he did not have a copy of the policy and he assumed the risk of being unprepared. C) No, because ethically Metropolitan should have given him another copy before the negotiations. D) No, because Metropolitan knew the policy limits, knew that Lanci thought them to be $15,000 and that he entered into the contract because of that mistake of a material fact. 5) IBM hires only men under the age of 35 to sell their office machines. They do so because they know that most office machines are purchased by females under the age of 40. Tina applied for a sales position but is turned down. She files suit claiming she is being discriminated against because of her age, 36, and sex.5) a) she will be successful because selling office machines is a job that can be done by both sexes and at any age. b) she will succeed because she is almost 35 and her sex is irrelevant. c) she will loose because she has to be over 40 to sue for age discrimination according to the age Discrimination Act. d) she will loose because the corporation has a valid business reason for employing young male salesmen. 6) Glen Grove brought a 1936 Pontiac from Bernard Stanfield. Stanfield signed the certificate of title, which stated that the car was sold for $1,000. No other terms of sale were mentioned in the certificate, and none were incorporated by reference. Three years later, Stanfield filed suit against Grove in a Missouri State Court, claiming that Grove still owed $9,000 for the price of the car. At trial, Stanfield testified that he and Grove had an oral agreement by which Grove was to pay $1,000 for the ?title document? and $9,000 for the actual car. The court entered a judgment for Stanfield. What will happen on appeal? A) The court will uphold the entrance of the parole evidence and keep the verdict for Stanfield intact. B) The court will uphold the verdict for Stanfield because the writing was not sufficient enough to constitute a written contract so oral evidence can be heard to explain the terms of the agreement. C) The court will overturn the verdict of the lower court because the title is a legally sufficient document to form a contract. Oral evidence should not be allowed to amend the terms of the contract. D) The court will overturn the verdict because any reasonable person would have not turned the title over to someone else without getting all his money. Giving more money to Stanfield would unjustly enrich him. 7) John Agosta and his brother Salvatore had formed a corporation, but disagreements between the two brothers caused John to petition for voluntary dissolution of the corporation. According to the dissolution agreement, the total assets of the corporation, which included a warehouse and inventory, would be split between the two brothers by Salvatore?s selling his stock to John for $500,000. The agreement was approved, but shortly before payment was made, a fire destroyed the warehouse and inventory which were the major assets of the corporation. John refused to pay Salvatore the $500,000, and Salvatore brought suit against him for breach of contract. Will John win? A) Yes, because the value of the stock he is purchasing is not worth $500,000 anymore due to the fire. B) Yes, because the court cannot require him to specifically perform to Salvatore?s unjust enrichment. C) No, because the agreement was for the sale of stock not a functional business. D) No, The subject matter of the agreement, the shares of stock was not destroyed in the fire. The doctrine of impossibility of performance does not apply and John cannot avoid his contract. 8) Southeast Shipping Company challenges an Alabama statute, claiming that it unlawfully interferes with interstate commerce. A court will likely a) balance Alabama's interest in regulating against the burden on interstate commerce. b) balance the burden on Alabama against the merit and purpose of interstate commerce c) strike the statute. d) uphold the statute. 9) Donna the owner of Eagle Sales, a sole proprietorship, wants to increase the business?s capital without sacrificing control. This can be done most successfully by a) borrowing funds. b) bringing in partners. c) issuing stock. d) selling the business. 10) Nu Produx Inc (NPI) agrees to sell 100 cell phones to MYTALK Cell Service. NPI identifies the goods by marking the crate with red stripes. Before the crate is shipped, an insurable interest exists in a) Not NPI or MyTalk. b) NPI and My Talk. c) NPI only. d) MyTalk only.
Paper#12399 | Written in 18-Jul-2015Price : $25