Questions and Answers of Business Law Principles

AmeriSpec is a national franchisor of residential and commercial property inspection services. In 1995, Arnold McLaurin entered into an agreement to operate an AmeriSpec franchise for 10 years, which
In 2006, members of Vietnamese families decided to buy a farm with six chicken houses in Georgia. A $$320,000$ down payment was required for the $$1,490,000$ Georgia Farm. The family members
The parties to this action together own property located at 172–174 Shrewsbury Street in Worcester (property). The plaintiff, Gail F. Sullivan, holds her twoninths interest as the result of a
Floyd Finch and Bruce Campbell were partners in a law firm starting in September 2009. After several years, relations between the two became strained, and Campbell sought to dissolve the
Robert Law, in his capacity as a trustee for a trust, asked the trial court to enter a charging order under ORS 70.295 against the four limited partnerships that Ronald Zemp was partner of for
What is the distinction between partnership as a legal entity and partnership as a legal aggregate?
ETP and Enterprise are two of the largest energy companies in the United States. In 2011, Enterprise approached ETP about potentially building an oil pipeline together. Before the project commenced,
Kathleen Roche purchased a consignment store in 2001 and was its sole owner. During that time, Kathleen ran the business as a full-time on-site owner-manager and was assisted by several unpaid
Jose Casillas and Robert Houle purchased an older home that had been divided into apartment units. Their initial plan was to renovate and resell the home, but they decided instead to keep it and
Joseph Guenther and Michelle Ryerson were an unmarried couple. In June 2009, they purchased land in Idaho and formed a partnership to develop it into a profitable vineyard. There was no written
Petra Beierling had formed a concept for an educational software business marketing online learning games to teachers. She pitched the idea to two friends, Katie Urbain and Maureen Clinesmith. The
Parker Waichman is a New York–based law firm. In November 2007, Parker Waichman hired Jordan Chaikin, a lawyer licensed and based in Florida, as an associate attorney to assist in screening
Brewster Park, LLC, is a business that owns, maintains, and leases residential housing in Bridgeport, Connecticut, and Trumbull, Connecticut. The LLC has two members, Michael Weinshel and Joyce
In July 1993, Cigna Insurance Company issued James Mills a workers’ compensation check for $484. Then Mills lied to Cigna and said he had not received the draft due to a change in his address. He
A&G Precision Parts, LLC (Parts), was a limited liability company formed by Dennis Walker, John Raynor, John Probandt, John Brazier, and Walton Glass. In addition to A&G Precision, the five members
A&G Precision Parts, LLC (Parts LLC), was a limited liability company whose members at the time of organization were Dennis Walker, John Raynor, John Probandt, John Brazier, and Walter Glass. The
Wawel Savings Bank entered into a loan agreement with Jersey Tractor Trailer Training (JTTT), Inc., for the amount of $315,000. In the agreement, JTTT pledged all capital equipment and assets of the
Bill Bhaskar owned a medical practice, Bill Bhaskar, M.D., Inc. Bhaskar was approached by Abdul S. Walji and his company, Calpension, Inc., soliciting his business as “Employee Benefit
Dr. Binod Sinha contracted with Cabanaman Pools & Spa, LLC, to perform services at his home for a contract price of $$41,000.$ During the course of the work, Sinha paid Cabanaman $$31,000.$ Then,
Just prior to undergoing knee surgery, Gregory Levine came into possession of a check in the amount of $253,023.04, made out to himself as payee, representing his share of the proceeds from the sale
Raelise Ostrowski was a payroll administrator at Wellington Power Corporation. As the payroll administrator, Ostrowski was responsible for managing the payroll and employee per diem reimbursements.
Heartland State Bank routed eight checks to a collections bank, Federal Reserve. Federal Reserve then delivered the checks and additional cash letters to the defendant bank, American Bank & Trust, on
Teri Zemencik was an employee at IGS Industries for 22 years until her termination due to embezzling funds. At the time of her termination, Zemencik was the payroll supervisor in IGS’s accounting
Defendants Hatem and Yousef Akanan are brothers. Both Yousef and Hatem maintained a checking account. In October 2016, the Defendants undertook a series of transfers using their Wells Fargo accounts
CDG Acquisition, LLC (CDG) maintained a corporate bank deposit account with JP Morgan Chase Bank, N.A. (Chase). At some point during the relevant time period, CDG’s senior accountant, Angelo
South Florida Pulmonary and Critical Care, LLC (SFPCC) is a medical practice comprised of several member physicians. In 2011, Marquis Bank (the Bank) extended a $$150,000.00$ line of credit to Dr.
Following a medical malpractice case, Victoria Newsome was left unable to manage her affairs. A conservatorship was set up by attorney Keely McNulty, with Victoria’s mother, Marilyn, designated as
Patco Construction Company was a customer that had an account at Ocean Bank. Patco argued that its account was subject to the authorization of six fraudulent withdrawals from the account after a
The plaintiff in this case is a resident of South Sudan who attended Princeton University from September 2007 to 2011. She opened an account with Bank of America while she was a student and deposited
The plaintiff, Aliaga Medical Center (“Aliaga”), opened a business checking account with Harris Bank on two occasions. On both occasions, Aliaga received the “Harris Bank Handbook for Personal
In June 2018, Anthony Houston maintained a deposit account with Fifth Third Bank. On or about June 15, 2018, an unknown third party deposited a check in Houston’s account at one of Fifth Third’s
Anders Johansson owned Titan Custom Cabinets, Inc., which had accounts with the bank SunTrust. In early May 2017, Johansson deposited a check from a customer into one of Titan’s accounts at
We meet Robert Triffin once again. The case concerns a $$301.17$ check dated August 20, 2015, bearing the words “NOT VALID AFTER 180 DAYS.” The check was drawn against the bank account of TWC
Freelance bookkeeper Elizabeth Mulder perpetrated a nearly five-year fraud against her client, plaintiff Kurtz-Ahlers, LLC. Both Kurtz-Ahlers and Mulder coincidentally had their checking accounts at
In 2011, Airpro Mobile Air entered into a $$1,705,649.70$ loan agreement with Prosperity Bank’s predecessor. The loan was secured by Airpro’s assets, including its inventory, parts, accounts,
The debtor, Wastetech, LLC (Debtor), was a limited liability company organized under the laws of the State of Georgia in July 2016. The Debtor changed its name from NTC Waste Group, LLC, to
Rancher’s Legacy Meat Company (Rancher’s Legacy) was engaged in the meat packing and processing industry. The company was founded as the Unger Meat Company (Unger) in 2010 by James Ratcliff
Price Auto hired David Chad Kuykendall, doing business as Chad’s Auto Recovery, to repossess a 1998 Cadillac DeVille owned by Carlous Sanders, who was in default on his motor vehicle retail
In November 2007, Shirley Bolden entered into a conditional sales contract, which was assigned to M&T Bank, for the purchase of a Mercedes-Benz automobile. Bolden took physical possession of the car,
In November 2006, Texana Rice Mill and Texana Rice, Inc., sued Bayer CropScience in Texas state court for several claims related to the contamination of the US rice supply by Bayer’s genetically
1st Source Bank loaned money to K&K Trucking to finance its acquisition of tractors and trailers. In return, K&K granted 1st Source a security interest in the tractors and trailers and all present
In June 2003 and November 2005, The Four County Bank provided financing for the purchase of two different pieces of foresting equipment known as “Tigercats” by Shepherd Brothers Timber Company.
Highland Marketplace obtained a $$28,000,000$ loan from First Community Bank in September 2007. The loan was secured by real estate located in Highland, Utah. Highland utilized the loan proceeds to
In September 2012, Dan Horton d/b/a Heritage Footwear filed a complaint in the Alabama district court alleging that Keith Sharp d/b/a Pegasus Partners had failed to pay certain invoices for services
In July 2013, Desmond Schacht opened joint checking and savings accounts with his father Kenneth at Alaska USA Federal Credit Union. Desmond signed Alaska USA’s Master Joint Account Agreement as
In 2003, L + C Unlimited Corporation (L + C) was assigned a lease that permitted the Golden Isle Restaurant to operate in a strip mall in Murray, Utah. The lease provided for late fees and interest
Glenda Biggers was the sole shareholder and corporate secretary and Alton Biggers was the president of Clark Warehouses. In January 1993, Clark Warehouses executed a note to the Small Business
In 2005, Ann Furey obtained a loan secured by a mortgage from Merchants Bank to purchase a camp in Lincoln, Vermont. In August 2009, she stopped making mortgage payments. In April 2011, the bank
In 2009, Matthew and Chris Lande entered into a contract with Gregg Flynn, the owner of Flynn Builders, to construct a new home for$$259,576.$ Flynn began construction, which continued until July
In 2006, Mike Sanchez completed a “Consumer Account Application” at Wells Fargo Bank in which he was denominated the “Primary Joint Owner” and his sons Joe and Gilbert were denominated
Vicki Metz filed a voluntary petition under Chapter 13 of the Bankruptcy Code in 2018. Metz had student loans totaling $$16,613.73$ in principal and more than $$50,000$ in accrued interest owing
Wayne and Lanae Grantham (Debtors) filed for Chapter 7 bankruptcy. Wayne Grantham filed a certificate of credit counseling, but Lanae Grantham did not.Instead, the Debtors filed a motion seeking to
When Richard and Betty Jo Rousey stopped working at Northrup Grumman Corp., Northrup Grumman required them to take lump-sum distributions from their employer-sponsored pension plans. The Rouseys
In January 1983, Margaret Kawaauhau was treated by Dr. Paul Geiger for a foot injury. After examining Kawaauhau, Geiger prescribed oral penicillin to her despite his knowledge that intravenous
In the 1970s, Special Electric Company brokered the sale of crocidolite asbestos, which is the most toxic form of asbestos, to Johns-Manville Corporation. Special Electric never held possession of
On January 2, 2018, The Register, a science and technology news site based in Britain, published an article revealing the existence of two major bugs leaving virtually all computers and smartphones
A Pepsi promotion encouraged consumers to collect “Pepsi points” and redeem them for merchandise. If they did not have quite enough points for the prize they wanted, they could buy additional
Plaintiffs W. O. and J. C. Lucy had wanted to purchase Ferguson Farm from the Zehmers for at least eight years. One night, Lucy stopped by the establishment the Zehmers operated and said that he bet
This case stems from a rocky relationship between two Texans. Lawrence Shipley was the president of Shipley Do-Nut Flour & Supply Co., and Andrea Vasquez was a substitute school teacher in the
Aaron Reed, a photographer, was in a dispute with Ezelle Investment Properties, Inc., over Ezelle allegedly using one of Reed’s photographs without permission.Reed sent Ezelle a cease-and-desist
What is the mirror-image rule?
In July 2008, Brian, Dale, and Sandra Allen signed a contract with East Resources, Inc., concerning 148 acres of the Allens’ property. East wanted to develop and exploit the oil and gas resources
Daphne Brown-Wright worked as a teacher for East St. Louis School District 189 from 1975 until 1998 and then returned as an administrator from 2002 until 2012, thus serving the District for 33
In August 2014, Superior Structures of Ohio, LLC, and its president, Ryan Villhauer, applied for credit with Willoughby Supply Company, Inc. The application contained a section providing for a
In 1988, the Upper Deck Company was a company with an idea for a better baseball card: one that had a hologram on it. By the 1990s, the firm was a major corporation worth at least a quarter of a
Plaintiff sought to enforce against the defendant estate a promise made by his now-deceased uncle to pay Plaintiff a sum of money if Plaintiff refrained from the use of alcohol and tobacco for a
The plaintiff, Thelma Agnes Smith, lived with the defendant out of wedlock for several years. When the relationship ended, she sued the defendant, seeking to enforce two written agreements with him
Defendant Kenneth Blake was married to Charlene Hinton-Blake, who died in 2012. Three of Hinton-Blake’s sisters, including Yvonne Hinton, assisted her with day-to-day care during a four-year period
John and Jennifer Margeson entered into a contract to sell a weight-loss franchise business called “Inches-A-Weigh” to Theresa Artis. The parties memorialized their agreement in an “Asset
Meghann Patrick is a former employee of Altria Group Distribution Company. After her employment was terminated, Patrick sued Altria and a supervisor at Altria, alleging employment-related claims
Plaintiffs James and Betty Tonkovich own approximately 850 acres of in Belmont County, Ohio. Plaintiffs belong to a group of landowners known as Belmont Leasing Group, which leases land for oil and
This appeal involves the validity of a will executed in contravention of an earlier contract to make mutual wills. A husband and wife signed a contract to make mutual wills and then executed those
Parents of minors took Apple to court in 2012 for supplying game applications, on iPhones, that were “free” but through which users could purchase in-game currencies. Apparently, parents would
When the plaintiff was 16, he was employed by Kmart as a cashier. At the end of his training, he was required to read Kmart’s policy agreement, which included an agreement to submit all employment
In September 2013, Ugo Mattera entered into a written construction contract with Baja Properties, LLC. Stephen Chad Golden, the sole owner of Baja Properties, signed the contract and addendums on
Larry Riley formed a rental agreement for a self-storage unit with Iron Gate Self Storage in December 2003. The agreement stated that a maximum of $$5,000$ of personal property could be stored in
Steven Sanchez worked as a warehouse employee for Gruma Corporation. In December 2016, Sanchez was presented an arbitration agreement during a meeting with George Tate, the human resources manager
Christopher Boling was seriously injured in 2008 when vapors escaping from a gas can ignited. He filed a products liability claim against the manufacturer. To fund the litigation, Boling entered into
99 percent per month. In 2014, Boling resolved his suit against the gas can manufacturer. Shortly thereafter, Prospect sent Boling a “Schedule of Purchases,” asserting that Boling owed Prospect
In spring 1989, Michael Jordan and the Chicago Bulls were in Indianapolis, Indiana, to play against the Indiana Pacers. At the same time, Karla Knafel was singing with a band at a hotel in
Jerome M. Eisenberg is an antiquities dealer and a self-proclaimed expert in classical antiquities with a doctorate in Roman, Egyptian, and Near Eastern art.Maurice E. Hall Jr. is an art dealer who
Fantastic Sams and Defendants PSTEVO, LLC and Jeremy Baker entered into a franchise agreement pursuant to which Fantastic Sams granted PSTEVO a franchise to operate a Fantastic Sams Salon. According
Defendant Monty J. Person began working for Garage Solutions, LLC, in March 2015. Three months into his employment, Person was sent by the owner of Garage Solutions, Mark Fontenot, to Rexburg, Idaho,
In 2016, a father of two minor children in Cuyahoga county, Ohio, filed a claim to determine custody of the children. At the pretrial, the father informed the magistrate he wanted to be named a legal
Nationwide Insurance developed a program to recruit new insurance agents by offering planning, training, and start-up financing to build self-sustaining agencies. These new agents would be
In 2013, Thomas DePrince, a passenger aboard a cruise ship, visited the ship’s jewelry boutique, operated by Starboard Cruise Services, Inc. DePrince told the employees of the boutique that he was
Patty Hayes owned four Personal Seat Licenses (PSLs) at the Cleveland Browns Stadium. Hayes’s PSLs reserved four seats on the 50-yard line, at the railing, on the north side of the stadium. As the
Monroe Bradstad borrowed $$100,000$ from his aunt, Jeanne Garland, to purchase farmland. Both parties subsequently signed a promissory note stipulating that interest would be accrued prior to or on
Northern Group, Inc., is a Wisconsin corporation that contracts with manufacturers and suppliers to develop marketing strategies and promotions to third-party retailers. In exchange for these
Heritage, a general contractor, had filed a breach of contract action against an electrical subcontracting firm that had withdrawn its bid right before the contract was to be performed. A jury had
In 2014, Barker contacted Price about a van Price had advertised for sale. The advertisement described the van as a 1994 Ford E–350.Barker and Price agreed to meet, and, on April 9, Barker
Oncology Tech is a manufacturer of cancer therapy devices called compensators. CMS was a company that sold cancer treatment planning software for use in purchasing cancer treatment devices. In 2006,
Johanna Marra and Eric Nazzaro began a romantic relationship in October 2013. That previous July, Nazzarro had purchased a duplex that he intended to renovate. Nazzarro rented out the top floor while
In 1940, the family of Thomas Back entered into an oil-and-gas lease with the Inland Gas Corporation. The lease held that Inland would pay to Back’s family 12 cents per thousand cubic feet of gas
Harold Fail owned a plot of land in Georgia known as Ebenezer Landing, where he operated a public boat ramp and parking lot. In 1999, Fail and Steve Bodiford entered into an oral agreement
On June 28, 1997, in Las Vegas, heavyweight boxers Mike Tyson and Evander Holyfield met for what proved to be a night to remember. During the third round of the fight, a desperate Tyson illegally bit
Washington Tennis & Education Foundation, Inc. (WTEF) is a nonprofit organization operating in the District of Columbia that provides athletic and academic programs for children from low-income
The Tuckers owned an RV that they insured through American Family. On August 26, 2012, their RV was struck by lightning and damaged. The Tuckers reported the damage to American Family.In March 2013,
Allan and Koraev both owned condominiums in the same building. Koraev’s unit was directly above Allan’s. While Allan lived in her own unit, Koraev leased his.The leasing of Koraev’s unit was
On March 13, 2009, Juan Mendez Sr. was admitted to a nursing facility. On that day, a doctor employed by the facility determined the father lacked the capacity to give informed consent or make

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