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Questions and Answers of Law for Business

Titus-Will Ford Sales, Inc. appeals a judgment for replevin [repossession] of a 1990 Ford pickup truck that Titus-Will had previously sold to dealer/broker James Wilson. Upon consideration of the
Ronald Robinson, Wyman Robinson, and Friendly Discount Auto Sales (appellants) appeal from the granting of summary judgment in favor of appellee Mike Durham (Durham). The facts material
In February 1997, Chrysler Corporation introduced a new promotional vehicle called the Plymouth Prowler. However, the company did not reveal whether it would manufacture any of the vehicles.
L.V.R.V. Inc., D/B/A Wheeler’s Las Vegas RV (Wheeler’s) sold a 1996 Coachmen Santara motor home (the RV) to * * * Arthur R. Waddell and Roswitha M. Waddell (the Waddells). * *
[Alpha Chi Omega (AXO) entered into an oral contract with Furlong to buy 168 ‘‘custom designed’’ sweaters for the Midnight Masquerade III. The purchase price of $3,612 was to be paid as
This is an appeal from an order of the trial court granting rescission of a sales contract for a color television set and directing the return of the purchase price plus interest and costs.
We granted the application for direct appellate review of the defendant, Bayer Corporation (Bayer), to determine the enforceability of an arbitration provision appearing in the plaintiff’s, Malden
The plaintiff, DJ Coleman, Inc. (‘‘DJ Coleman’’), is a farm corporation that is incorporated in the State of North Dakota and conducts farming operations in Burleigh County, North Dakota. DJ
In September of 1988, Jane Pittsley contracted with Hilton Contract Carpet Co. (Hilton) for the installation of carpet in her home. The total contract price was $4,402. Hilton paid the installers
Tokai Financial Services, Inc. brought suit against Randy P. Carter for monies owed under Carter’s guaranty of a telephone equipment lease agreement. The trial court granted summary judgment to
This case arises out of an action by appellee, the Plain Dealer Publishing Company, to collect a debt against Frederick ‘‘Rick’’ Worrell, doing business as WRL Advertising. The lawsuit also
[Terry Taylor was an employee of Molalla Transport. In hiring Taylor, Molalla followed its standard hiring procedure, which includes a personal interview with each applicant and requires the
Plaintiffs, who are sisters, were defrauded by Kenneth Soule, an agent of defendant Equitable Life Assurance Society of the United States (Equitable), beginning while Soule was employed by Equitable
The plaintiff, James Schoenberger, brought a small claims action * * * in the * * * circuit court of Cook County against the defendant, Chicago Transit Authority (hereinafter C.T.A.) to recover
Identify the ways in which an agency relationship may be terminated.
Discuss the duties owed by a principal to his agent.
Discuss the duties owed by an agent to her principal.
Discuss the requirements for creating an agency relationship.
Distinguish among the following relationships: (a) agency, (b) employment, and (c) independent contractor.
Ms. M was born in 1918 and grew up in Fairfield County [South Carolina]. She moved to Greenville, where she majored in sociology at Furman University and later worked for the South Carolina
The plot for this Saturday afternoon serial began when Billy Sims, having signed a contract with the Houston Gamblers on July 1, 1983, signed a second contract with the Detroit Lions on December 16,
Plaintiff seeks damages from defendant McDonald’s Corporation for injuries that she suffered when she bit into a heart-shaped sapphire stone while eating a Big Mac sandwich that she had purchased
Appellant sustained injuries when his car collided with a delivery van painted in the widely recognized DHL livery, driven by a driver clad in DHL uniform and laden with packages destined for DHL
Identify and explain the limitations on contractual remedies.
Explain how restitutionary damages are computed and identify the situations in which restitution is available as a contractual remedy.
Define the various types of equitable relief and discuss when the courts will grant such relief.
Define (a) nominal damages, (b) incidental damages, (c) consequential damages, (d) foreseeability of damages, (e) punitive damages, (f) liquidated damages,
Define (a) nominal damages, (b) incidental damages, (c) consequential damages, (d) foreseeability of damages, (e) punitive damages,
Explain how compensatory and reliance damages are computed.
Identify and discuss the ways discharge may be brought about by operation of law.
Distinguish among a mutual rescission, substituted contract, accord and satisfaction, and novation.
Explain the difference between material breach and substantial performance. Explain how the Uniform Commercial Code’s perfect tender rule differs.
Distinguish between full performance and tender of performance.
Identify and distinguish among the various types of conditions.
Explain when the rights of an intended beneficiary vest.
Distinguish between an intended beneficiary and an incidental beneficiary.
Identify those situations in which a delegation of duties is not permitted.
Identify (a) the requirements of an assignment of contract rights and (b) those rights that are not assignable.
Distinguish between an assignment of rights and a delegation of duties.
Discuss the rule that aids in the interpretation of a contract.
Explain the parol evidence rule and identify the situations to which the rule does not apply.
Identify and discuss the other methods of complying with the statute of frauds under general contract law and the UCC.
Describe the writing that is required to satisfy the statute of frauds under general contract law and the UCC.
Identify and discuss the five types of general contracts covered by the statute of frauds and the contracts covered by the Uniform Commercial Code (UCC) statute of frauds’ provisions.
Suit by plaintiff, Madison Square Garden Corporation, against Primo Carnera, defendant. From an order granting an injunction against defendant, defendant appeals. On January 13, 1931, the
Real Estate Analytics, LLC (REA) is a limited liability company formed by Troy Shadian. In January 2004, Shadian and his business partner, Roshan Bhakta, became interested in [Theodore Tee]
Arrowhead School District No. 75 (District) is located in Park County south of Livingston [Montana]. The District consists of one school, Arrowhead School (School). For the 1997–98
In the fall of 1995, during their search for a new residence, appellants [Benjamin K. and Julie S. Merritt] inspected Craig’s property located at Pergin Farm Road in Garrett County [Maryland].
[Northern Corporation entered into a contract with Chugach in August 1966 to repair and upgrade the upstream face of Cooper Lake Dam in Alaska. The contract required Northern to obtain rock from a
[On April 12, 1852, Hochster contracted with De La Tour to serve as a guide for De La Tour on his three-month trip to Europe, beginning on June 1 at an agreed-upon salary. On May 11, De La Tour
Associated Builders, Inc. appeals from a grant of a summary judgment entered in the Superior Court * * * in favor of the defendants William M. Coggins and Benjamin W. Coggins, d/b/a Ben &
This is a breach of contract action. Defendant Optus Software, Inc. (‘‘Optus’’ or ‘‘the company’’), a small computer software company, hired plaintiff Michael Silvestri as its
On April 26, 1984, [Mary] Stine loaned her daughter [Mary Ellen Stewart] and son-in-law [William] Stewart $100,000 to purchase a home. In return, the Stewarts jointly executed a promissory note for
PEPCO [Potomac Electric Power Company] is an electric utility serving the metropolitan Washington, D.C. area. Panda [Panda-Brandywine, L.P.] is a ‘‘qualified facility’’ (QF) under the Public
The appellant, Robert Aldana, appeals an adverse summary judgment in favor of appellee, Colonial Palms Plaza, Inc. and an order awarding Colonial Palms Plaza, Inc. attorney’s fees pursuant to the
In this case we are asked to review an order barring a trustee in bankruptcy under Chapter 7 from assuming and assigning a golf membership in a country club as an executory contract, pursuant to
In January 1991, Sandhill and K & B Florida Corporation (K & B), a pharmaceutical retailer, entered into the subject lease (K & B Lease) providing for the rental of a parcel of real
Appellants, personal representatives of the estate of George Herbert Jackson, appeal the probate court’s order of conveyance in favor of appellees. Appellants claim a writing signed by George
Pursuant to a long-standing oral agreement, a print shop manufactured and delivered written materials designed by the buyer for the buyer’s use and sale. After the buyer’s death, the executor of
Mary Iacono, the plaintiff below and appellant here, appeals from a take-nothing summary judgment rendered in favor of Carolyn Lyons, the defendant below and appellee here. We reverse and
On January 3, 2002, Caterpillar contacted HSM Management Services (HSM), the management agent for Rosewood, a skilled nursing facility. Caterpillar requested that Rosewood admit Cook on a
What is the rule governing an intoxicated person’s capacity to enter into a contract?
Distinguish between the legal capacity of a person under guardianship and a mentally incompetent person who is not under guardianship.
What is the liability of a minor who disaffirms a contract?
How and when may a minor ratify a contract?
Define a necessary and explain how it affects the contracts of a minor.
Plaintiff-appellant First State Bank of Sinai (Bank) sued defendant-appellee Mervin Hyland (Mervin) seeking to hold him responsible for payment on a promissory note which he cosigned. * * * [T]he
In this appeal, we consider whether a contract for legal services entered into on behalf of a minor is voidable upon a plea of infancy or subject to enforcement as an implied contract
During the Spring of 1996, Appellant Kobe Bryant (‘‘Bryant’’), then a seventeen-year old star high school basketball player, declared his intention to forego college and enter the 1996
Appellants Meshiel Cooper Traylor (Meshiel) and her minor son Craig Lamar Traylor (Craig) appeal the judgment confirming an arbitration award in favor of Craig’s former personal manager, respondent
Explain the usual effects of illegality and the major exceptions to this rule.
Distinguish between procedural and substantive unconscionability.
Explain when exculpatory agreements, agreements involving the commission of a tort, and agreements involving public officials will be held to be illegal.
Describe when a covenant not to compete will be enforced, and discuss the two situations in which these types of covenants most frequently arise.
Identify and explain the types of contracts that may violate a statute, and distinguish between the two types of licensing statutes.
* * * [Octavio] Sanchez works as a delivery driver at a Domino’s Pizza restaurant owned by Western Pizza. He drives his own car in making deliveries. His hourly wage has ranged from the legal
* * *Respondent McOskar Enterprises, Inc. owns and operates a fitness and health club in Monticello known as ‘‘Curves for Women.’’ [Plaintiff/] Appellant Tammey J. Anderson joined the club on
Payroll Advance, Inc. (‘‘Appellant’’) appeals from the judgment of the trial court entered in favor of Barbara Yates (‘‘Respondent’’) on Appellant’s petition for
On this * * * appeal, Pacific Custom Pools, Inc., challenges the trial court’s granting of summary judgment based on the failure of Pacific Custom Pools to substantially comply with the
Identify and discuss those contracts that are enforceable even though they are not supported by consideration.
Explain the concept of bargained-for exchange. Is this element present with past consideration or third-party beneficiaries? Explain.
Explain whether preexisting public and contractual obligations satisfy the legal requirement of consideration.
Discuss illusory promises, output contracts, requirements contracts, exclusive dealing contracts, and conditional contracts.
Define consideration and what is meant by legal sufficiency.
The defendants, Empire Paving, Inc. (Empire), and its bonding company, American Insurance Company, doing business as Fireman’s Fund Insurance Company (Fireman’s Fund), appeal from the judgment of
The sole question presented in this case is which of several claimants is entitled to an award for information leading to the apprehension and conviction of certain bank robbers.* * * On
In what must be a common development wherever there are state-sponsored lotteries, this is the story of two friends who split the price of a ticket only to have the ticket win and split their
In what must be a common development wherever there are state-sponsored lotteries, this is the story of two friends who split the price of a ticket only to have the ticket win and split their
Define the two types of nonfraudulent misrepresentation.
Identify and discuss the situations involving voidable mistakes.
Discuss undue influence and identify some of the situations giving rise to a confidential relationship.
Identify the types of fraud and the elements that must be shown to establish the existence of each.
Identify the types of duress and discuss the legal effect of each.
Defendant appeals from a judgment of the trial court granting plaintiff’s request for rescission of a contract for the sale of real property. As relevant to this appeal, plaintiffs Vernon and
In the sale of a house, must the seller disclose it was the site of a multiple murder? Dorris Reed purchased a house from Robert King. Neither King nor his real estate agents (the other
Tony Y. Maroun (Maroun) was employed by Amkor when he accepted an offer to work for Wyreless, a startup company. On November 20, 2000, a letter was sent from Bradley C. Robinson, president of
Plaintiff (Ken Rea), as personal representative of his mother’s estate, brought this action to set aside a deed from his mother to defendant Paulson (Larry), a son of decedent by a second marriage,
Jerry A. Berardi (hereinafter referred to as ‘‘Mr. Berardi’’), Betty J. Berardi, and Bentley Corporation, plaintiffs below appellants (hereinafter collectively referred to as ‘‘the
Explain the various rules that determine when an acceptance takes effect.
Discuss the five situations limiting an offeror’s right to revoke her offer.

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