Stein and his son owned a television appliance store. However there were having severe financial difficulties and decided to borrow money in order to increase their working capital for the company. Stein, having difficulty borrowing money from conventional lenders due to his poor Dunn & Bradstreet rating and his poor personal credit rating. He was introduced by a friend to a company which provided loans to companies in need of capital. Stein signed on behalf of the corporation and the interest rate for the loan was 26% annually. In addition he signed for a personal loan of 17% . A few months later despite this influx of capital, Stein realized that the business was failing. He was forced to sell to a national appliance chain, GP Pritchard. Pritchard’s attorney prepared a sale of contract which included a provision prohibiting Stein from operating an appliance store within 10 miles of the current store location and for a time period of ten years. Stein Reluctantly signed the agreement due to his financial inabilities. Pritchard opened a new appliance store and made its employees sign an employment agreement which prohibited its employees from working for Pritchard’s competitors for no less that 10 years after they left Prichard’s employ. Stein in the meantime opened a new business, a health spa. Members signed contracts which relieved Stein from any liability for negligence for any reason whatsoever. Jim, a new member, slipped near the spa pool re which contained piddles of water. In the meantime, Pritchard’s business was booming. However, Pritchard’s attorney suggested that Pritchard could further increase its business by providing installment sales agreements for its customers. The terms of the installment contract included a provision such that if the customer defaulted in the payment of any installment, the company could repossess any appliances bought, at any time from Pritcahrd. Pritchard’s business expanded. In addition to appliances the business now sold household goods, clothing and food.One day Theodore Cleaver, a 15 yr old, entered the store. He appeared old than his age but no one questioned. He bought a flat screen TV, sneakers and groceries such as milk and eggs. A day later he appeared at the store to return all of the items and he demanded his money back. Theodore’s grandmother June had been declared an incapacitated person by the NYS courts. Theodore, who lived with his grandmother ( who was the court appointed guardian for his grandmother) wanted to have cable TV installed in their home. His mother refused. One afternoon, he called the cable company and had his grandmother sign a contract to install cable TV. His mother came home and was furious. She called the cable company to remove the cable system. The company refused. Stein’s son is having financial problems and goes to a local bank. The bank wants a guaranty from Stein for his son’s debts. Stein calls the banker by phone and advises the banker that he will “make good” on the loan if his son defaults. The banker has the son fill out the forms and he sends a form to Stein to sign. Stein leaves for Europe and advises the banker that he will sign when he returns from Europe. The son is given the loan. Stein returns from Europe but never signs the guaranty. The son defaults on the loan. Stein’s son meets the girl of his dreams. He agrees to marry the girl. The girl’s father agrees to give him a new Jaguar auto if he does marry the girl. He marries the girl and the father in law refuse to give him the car and states that he was merely joking when he stated that. Stein’s son hires a lawyer to sue his father in law. he also asks the lawyer to prepare divorce papers for his new bride. Pritcahrd decides to buy the land next to its current store. Pritchard’s executives enter into a contract after about 6 months of negotiation. The written contract has a clause which declares that the written contract is the final and complete understanding between the parties. During the oral negotiations, Pritcahrd was told by the seller that the seller would remove a shed in the rear. However, the written contract did not state this fact and the seller refused to remove the shed. Pritchard commenced a new advertising campaign. It hired famous jingle writer composer and singer Harry Banilow to create and record a theme song for some TV commercials. After signing the contract Banilow, leaves for Asia on a concert tour. He calls his friend Bob who is a studio musician to compose and record the music for his contract with Pritchard. Bob agrees . Pritchard is furious. Please help me identity the issues and which courts will they be brought into and why?

Answer rating: 100% (QA)

The case has conflicting a line of business conflict of inters torts of negligence and too many business lines When there are varied interests legal aspects of contracting violating business contracts ... View the full answer