FOR EACH OF THE 6 PROBLEMS BELOW, CHOOSE THE DESIGNATED LETTER OF MOST APPICABLE PHRASES WHICH APPLY
Question:
FOR EACH OF THE 6 PROBLEMS BELOW, CHOOSE THE DESIGNATED LETTER OF MOST APPICABLE PHRASES WHICH APPLY TO THE PROBLEM.
PHRASES:
A. The statute of Frauds is applicable to this problem.
B. The Parole Evidence Rule is applicable to this problem
C. The Concept of Implied Warranty is applicable to this problem
D. The Doctrine of Part Performance is applicable to this problem
E. The Fourth Amendment is applicable to this problem
F. The Concept of Subject Matter Jurisdiction is applicable to this problem
G. The Doctrine of Torts is applicable to this problem
H. The Concept of Holder in Due Course is applicable to this problem
I. The Concept of Third Party Beneficiary is applicable to this problem
J. The Concept of compensatory damages is applicable to this problem
K. The Concept of void contract is applicable to this problem
L. The Supremacy Clause is applicable to this problem
M. The Statute of Limitations in applicable to this problem
N. The Concept of Proximate Cause is applicable to this problem
O. The Concept of Mens Rea is applicable to this problem
P. The Exclusionary Rule is applicable to this problem
Q. The Mirror Image Rule is applicable to this problem
R. The Concept of Implied in Law contract is applicable to this problem
S. The Concept of Implied in Fact contract is applicable to this problem
T. The Main Purpose Exception is applicable to this problem
U. The Concept of Promissory estoppel is applicable to this problem
V. The Concept of Condition precedent is applicable to this problem
W. The Concept of consequential damages is applicable to this problem
X. The Concept of liquidated damages is applicable to this problem
Y. The Concept of Specific Performance is applicable to this problem
Z. The UCC is applicable to this problem
1. Jane, a tenant makes an oral contract to buy a house from her landlord. As part of the oral agreement, Jane pays the Landlord’s mortgage payments for six months. She also pays the taxes which had come due on the property during this six-month period. Finally, Jane also put a deck on the back of the house and hired roofers to repair the roof. Two days before the closing of the property, the Landlord refuses to go through with the deal. Jane sues her landlord for breach of contract. (Assume no other facts). (15 Points) What Three (3) PHRASES (A-Z) ARE the most applicable to determine this lawsuit. (Select 3 letters) __________ _________ ________
2. Ron owns a car wash. Phil agrees to loan Ron the sum of $499.00 so he can purchase a compressor from Thomas. Thomas is Phil’s son and is also a minor. The compressor would allow Ron to continue to operate the car wash and make profits. The agreement made between Phil and Ron was that Ron would repay the loan to Phil only if the compressor he ultimately purchased provided sufficient PSI of pressure to clean cars. Ron is a partner in the car wash with George and they share profits. Phil asks George to guarantee payment if Ron defaults. George verbally agrees to guarantee payment of Ron’s debt to Phil. Ron ultimately defaults on the loan and Phil sues George for his breach of the guaranty of payment. (Assume no other facts) (15 Points) What Three (3) PHRASES (A-Z) ARE the most applicable to determine this lawsuit. (Select 3 letters) _________ __________ _________
3. Grant was married to Sally. In 1998, during the time they were married Grant took out a life insurance policy on Sally for $10,000.00. He named his son, Albert, as beneficiary. Sally died under suspicious circumstances in 1999. (Some police agencies believe that Grant murdered her). The police illegally obtained a search warrant of the marital home in the year 2000 from a corrupt judge. During the execution of the search warrant, they found a video showing Grant murdering Sally. Grant was charged in 2001 with murder of Sally. During the trial, the Prosecutor asked the judge to use evidence that Grant was on Parole for a prior assault against Sally which occurred in 1997. However, prior to the completion of trial, Grant also died. In 2023, Albert sued Eagle Insurance to recover the proceeds of the life insurance. He asks for the $10,000 plus $1,000.00 in medical bills to cover his depression caused by the Insurance company refusing to pay. (Assume no other facts) (25 Points) (There are two parts to this question) 3a. What Three (3) PHRASES (A-Z) ARE the most applicable to determine this lawsuit between Albert and Eagle Insurance (Select 3 letters) _________ __________ _________ 3 3b. What Two (2) PHRASES (A-Z) are the most applicable to determine if Grant would be convicted of a crime. (Select 2 letters) _________ __________
4. John wanted to buy a phone from Fran. He and she agreed that John pay $50.00 for a used i phone. John wrote a check to Fran for the phone for $50.00. She then took the check and showed it to Larry. She told Larry that for $25.00 in cash she would sign the check over to him and he could go to the bank and collect $50.00. Larry agreed. Larry gave Fran $25.00 and took the check (signed on the back) to the bank. Larry deposited it into his account. The bank advised Larry that the account that the check was drawn on did not have sufficient funds and charged him $10.00 for a returned check. Larry then sued Fran to get back his $25.00. Fran argues that her actions were not the cause of check being drawn on insufficient funds. (Assume No other facts) (20 Points) What Two (2) PHRASES (A-Z) are the most applicable to determine the lawsuit by Larry against Fran . (Select 2 letters) _________ __________
5. Joshua is an orange grower who runs an orange distribution center in Florida and who lives in Florida. Wendy, who lives in New York wishes to purchase oranges for her personal consumption. She orders a large quantity of oranges from Joshua, who confirms the order in writing. Once he learns that she lives in New York, he refuses to deliver the oranges. Wendy then posts on Facebook and other social media that Joshua is a convicted criminal, and no one should buy oranges from him. Joshua is not a convicted criminal. Joshua sues Wendy and Wendy makes a counterclaim against Joshua. (Assume No other facts) (20 Points) What Two (2) PHRASES (A-Z) are the most applicable to determine Joshua’s lawsuit and Wendy’s counterclaim. (Select 2 letters) _________ __________
6. Gary is about to enter into a written contact with Cindy for a lease. The contract calls for a deposit of $10,000.00 to be put down before performance is due. The contract states that if Gary breaches the contract, he forfeits the $10,000. Gary breaches the contract and Cindy keeps his $10,000. Gary sues Cindy. (Assume no other facts) (5 Points). What one (1) PHRASE (A-Z) is the most applicable to determine Gary’s lawsuit against Cindy. (Select 1 letter)
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill