Questions and Answers of Dynamic Business Law

Dr. Jeffrey Hall performed a colonoscopy on Hellen Nash, during which he discovered a cancerous mass. Three days later, Hall performed surgery to remove the mass. However, Hall allegedly failed to
In June 2007, a federal jury entered a judgment in favor of Basile and against Spagnola for $150,000 in compensatory damages and $50,000 in punitive damages arising from Basile's claim of sexual
Fordyce Bank & Trust Company (Bank) issued several loans to Bean Timberland (Bean) so that Bean could purchase timber from various landowners. Bean gave the bank security interests in the
Holsinger filed a Chapter 13 bankruptcy petition on December 20, 2011, accompanied by a request for a waiver of the prefiling debt counseling requirement under the BABCPA. Holsinger had enrolled in a
On July 6, 2000, Shannon Hicklin purchased a 1993 Ford Explorer under an installment sales contract. Payments under the contract were assigned to Onyx Acceptance Corporation. Hicklin fell behind in
In January 2005, Joseph Palmer executed a retail installment contract and security agreement with Suburban Tractor Company to finance the purchase of a compact utility tractor and front loader.
Between July 2007 and July 2008, N&N Partners LLC executed three agreements to finance the purchase of commercial equipment. The collateral securing N&N's obligations under each agreement was
How does bankruptcy law benefit debtors and creditors?
Describe the various ways in which secured interests are perfected.
A Chapter 7 bankruptcy trustee is filing an action to recover funds from the wife of a debtor. The wife signed a debtor's instrument in which her husband borrowed funds to construct utility barns and
Starting in November 15, 2010, Kenneth Flaska, a former partner to Dawda, Mann, Mulcahy & Sadler, P.L.C., defrauded the law firm by presenting and depositing checks drawn on the law firm's IOLTA
A customer of Foster Bank named Choi deposited in her account a check for $133,026 that listed her as the payee. The check had been drawn on Wachovia Bank by a company called MediaEdge that had an
In this strange case, Albertson has already been convicted of passing checks that were ultimately dishonored because of insufficient funds in Albertson's checking account. Both Albertson and a
We meet Robert Triffin once again. On October 2012, the Child Support Enforcement Administration ("CSEA") issued a check in the amount of $544 to Rashad Jemal Christmas. The face of the check had a
Mary Lodge was one of eight African American firsttime homebuyers who filed an action against United Homes LLC, lenders, appraisers, lawyers, and others, alleging that the defendants conspired to
Daniel DeMarais is the former chief financial officer (CFO) of Apex IT. Through a Minnesota Department of Revenue investigation, it came to light that DeMarais had embezzled well over $400,000 from
At the end of January 2001, while cleaning out his self-storage locker, Kim Griffith found a certificate of deposit purportedly issued by Mellon Bank, N.A., of Pittsburgh, Pennsylvania, on July 3,
How are real defenses different from personal defenses to liability for a negotiable instrument?
What is the distinction between primary liability and secondary liability for a signed negotiable instrument?
Evaluate the following statement: “A party can never be held liable for a negotiable instrument if he or she did not sign the check.”
In January 2008, $243,000 was transferred from the account of William Ryder's account at the Universal City Studios Credit Union to a bank in Hong Kong. The credit union said someone who identified
Casey Anthony, a Florida resident, gained fame in the murder trial of her daughter, Kaylee. Among the charges brought against Anthony in court were check fraud and murder. The check fraud charge came
On January 14, 2006, Sam and Odalis Groome entered into a sales contract with Alpacas of America LLC (AOA) to purchase an Alpaca named "Phasion Model" for $18,750. Almost exactly one year later, the
In October 2006, America's Wholesale Lender (AWL) agreed to loan John Horvath $650,000. The loan was stated in an interest-only, fixed-rate note and was secured by a deed of trust on Horvath's home.
In the years 2011 and 2012, HH Computer Systems Inc. employed Jennifer Kim as an accounting manager. During this time, Kim took about 300 checks payable to HH to one of three check cashing companies,
In December 2009, Citibank issued a cashier’s check in the order of $300,000 payable to Richard N. Golden. Golden deposited the check into his bank account at JP Morgan Chase. Citibank then issued
Evaluate the following statement: “If a signature on a check is forged, the customer will never be responsible for the amount on the check.”
Explain the reason for the following policy: A customer has a duty to examine her or his bank statement.
Who are the three parties involved in the transfer of money through a check?
The defendant, Sterile Technologies Inc., purchased a sterilizer from the plaintiff, Troy Boiler Works, on an installment payment plan. The defendant was to make installment payments charged with 1.5
Are there limits to the right to cure? Does a breaching party have the right to cure the breach, or can the nonbreaching party proceed directly to a damage claim? See Dunleavy v. Paris Ceramics, 47
Aubrey Reeves purchased a computer system for his business from Radio Shack Computer Center. Radio Shack is the local retailer for products sold by Tandy, its parent company. During negotiations, it
Mrs. Dempsey paid $541 for a poodle named Mr. Dunphy. Unfortunately for Mr. Dunphy, he had an undescended testicle. Mrs. Dempsey could have “inspected” Mr. Dunphy but didn’t. After examinations
Jim Redman purchased a car from Bill Branch Chevrolet. However, the car had been reported stolen and Jim was unable to secure a good title. Redman sued Bill Branch Chevrolet on the breach of the
Does possible misuse constitute a waiver of the implied warranties? Consider the case of a lessee of a car who, after 18 months, found the car was running roughly. When taking the car back to the
Poor Sarah Jane not only had a short-lived marriage but found out that her supposedly $45,000 ring was worth only half that amount. It seems that the jeweler had misrepresented it to her now
In tort law, punitive damages are available for plaintiffs who are the victims of intentional torts. Contract law damage theory has been reluctant to apply punitive damages in contract cases, even
Go back in the chapter and look at Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent?
The defendant, Nwabuoku, purchased $1,500 worth of furniture from the plaintiff, Y&N Furniture. Through an arrangement with the plaintiff, the defendant financed the purchase through a financing
The buyer contracted with the seller for a customized machine. The seller filed to have the machine ready by the agreed-upon deadline. Twice the buyer agreed to an extension, neither of which was met
New furniture is delivered to the buyer, and it is badly damaged. The purchaser notified the furniture store of the damage, and the store sent a representative to the buyer. The representative
SMG was a frozen-poultry wholesaler, and Sanderson was one the suppliers. SMG contracted to sell 24 containers of frozen poultry to KVADRO, a Russian company. The shipping terms were CIF, cost
Marion Bottling Company bottled soft drink beverages in Marion, Virginia, and shipped them to its warehouse in Galax for storage. The beverages were subsequently delivered from the warehouse to
A company contracts with a marketing firm to construct software and create a business website. A quote is requested and accepted. Sometime later, the business asks for updates and revisions but fails
A foreclosure case saw creditors going after the business’s real estate. The business was a diner, however, the diner itself was a prefabricated building. The business owner claimed that the
The seller delivered goods to a New Orleans dock as delivery to the common carrier for shipment via steam ship to the buyer in Seattle. As the goods were being loaded, a fire broke out, destroying
Under common law, most property issues can be settled by who has a good title. Explain why such traditional characteristics of property ownership, such as transfer, risk of loss, insurable interest,
Explain the difference between legal and equitable remedies.
Developer Foxwood Estates (Developer) subdivided most of its property into 38 single-family homesites, called the Foxwood Estates subdivision. The land in dispute is the remaining property, which was
Potential expert witnesses made an oral agreement with a plaintiff's attorney to testify on behalf of the plaintiff for $60,000. However, after receiving the money, the witnesses backed out of the
Prime Finish paints and finishes plastic parts. In 2004, Herbert-Jones became an independent sales representative responsible for developing sales for Prime Finish and formed Cameo to serve this
Edward Hosch entered into four loan agreements with Citicapital Commercial Corporation to finance the purchase of heavy construction equipment. Four months later, Citicapital merged into Citicorp
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,
Plaintiff filed a petition for preliminary injunction asking the court to enjoin the sale of a 1991 Ferrari F40 to Karam Automotive Inc., as well as a complaint seeking specific performance of the
Explain the desirability to business of allowing a transfer of rights or duties to third parties.
Why is it that incidental beneficiaries cannot enforce rights under a contract? Should they be able to enforce such rights?
Integrate the concept of assignments with the concept of delegations.
Explain how the requirements of the statute of frauds under the UCC are different from those under the common law.
The plaintiff wanted to open a Victoria's Secret franchise in Puerto Rico. Defendant Domingo, a business broker, told the plaintiff that the franchise was a "done deal" if the plaintiff hired the
Plaintiff Murray-Calloway County Public Hospital Corporation (MCCH) hired Cheryl Coors and Coors Executive Resources LTD to recruit an ENT (earnose throat) doctor for an opening at the hospital.
The parties' marriage was dissolved on August 27, 2010. The parties had an agreement which the court incorporated into its judgment of dissolution. On February 11, 2015, Defendant filed a Motion to
After a collision involving Alston and Alexander, Alston was diagnosed with chest problems and prescribed a number of medications. During the time of her treatment and release the day of the
Distinguish innocent misreresentation from fraudulent misrepresentation.
Explain when a unilateral mistake can lead to rendering a contract voidable.
Explain the difference between a unilateral mistake and a mutual mistake.
The United Arab Emirates (UAE) held a competition for the architectural design of a new embassy and chancery building in Washington, D.C. Elena Sturdza, the winner of the competition, was licensed to
Washington State resident Patty Gandee entered into a debt adjustment contract with Freedom Enterprises. She subsequently sought to file a class action against them for violations of the state debt
In 2004, Ford Motor Company entered into a dealership agreement with Syrian company Ghreiwati Auto, under which the company would sell and service Fords in Syria. Ghreiwati invested over $20 million
Three salesmen worked for Sentient Jet, a small luxury airline charter service. They signed a noncompete agreement, promising not to go to work for a competing employer within a year after working
What factors determine whether a covenant not to compete is legal or illegal?
Why does it matter that a contract with a minor is for a necessary?
In December 2011, Jimenez began working for Cintas as a Fire Service Technician. She continued in this capacity until June 2012, when Cintas terminated her employment. On July 18, 2013, Jimenez filed
Charles Houser began working for appellee, 84 Lumber Company L.P. (84 Lumber), in 1985. In 1998, Houser became an outside salesman with 84 Lumber, and his compensation changed from a set salary to
Joana Perez began working for Datamark in January 2005. She received two booklets at orientation, "Non Staff Employee Handbook" and "Summary Plan Description." She did not read either one of them.
Peter and Laureen were married on February 16, 1975; they are the parents of two adult children, Amanda and Matthew. In 1996, Peter and Laureen were on the verge of seeking a divorce. Peter had not
Vincent Simmons appeals from the trial court's order awarding to his wife, Dorothy Simmons, a one-half interest in land that he inherited from his parents. Vincent contends that the land is
List the three elements of accord and satisfaction.
List and describe the three exceptions to the preexisting-duty rule.
Can $1 be adequate consideration? Why or why not?
What is required to prove promissory estoppel when consideration is missing?
List the four types of consideration described in the text.
Adwoa Gyabaah was hit by a bus owned by Rivlab Transportation Company. She retained attorney Aronsky to represent her in negotiations with the bus company, their insurance company, and their
In April 2011, Elias Groisman entered into a contract with Shabsi Pfeifer to sell three real properties to Pfeifer on the condition that Pfeifer satisfied two liens on the properties against
NDWC Investment Properties owned six properties in DeKalb County, Georgia, which were secured by fully amortized 30-year loans. At some point before the trial, NDWC entered into negotiations with
An oral agreement was made between multiple parties to put together some money and open a bar and restaurant. The men first had to create a joint company. However, one potential owner was not able to
What is the mirror-image rule?
R. J. Reynolds Tobacco Company (RJR) operated a customer rewards program, called Camel Cash, from 1991 to 2007. Under the terms of the program, RJR urged consumers to purchase Camel cigarettes, to
What is the mailbox rule?
Explain why the first question a person should ask when getting ready to analyze a contract problem is, “Is this alleged contract a contract for the sale of a good?”
Nike and Michael Jordan created the Air Jordan line in the 1980s. Jordan filed suit against a Chinese sportswear company, Qiaodan Sports, in China. Jordan is known in China as Qiaodan, and Qiaodan
Securities brokerage firm Charles Schwab filed suit against a former employee who left the company and started his own wealth management firm. Charles Schwab claimed that the names of its clients,
The plaintiff sold his photography online. He sued defendants for copyright infringement. He believed that the defendants had obtained his photos illegally and placed one of these photographs,
Fuel Clothing Company manufactures and markets apparel for the action sports industry. Fuel was founded in 1992 and has had the "Fuel" trademark on the Principal Register for clothing goods since
When William S. Thrasher died, he left a life estate in the family home to his wife, Gail Thrasher, and a remainder interest to his children, James Hall Thrasher and Sheila Reed. When Gail attempted
Explain copyright infringement.
Plaintiff withdrew $4,000 in cash from his T.D. Bank account on August 28, 2014, and proceeded to dinner at Prime restaurant. He left 36 one hundred-dollar bills in the center console of his car and
Defendant McPherson owned property adjacent to the first Presbyterian Church and wanted to build a gas station on the property. The church sued, arguing that the operation of the station would
At 2:08 a.m., on Friday, December 29, 2006, the defendant received by e-mail the Lake in the Hills police department Daily Bulletin, and it reported that Carolene Eubanks had been charged with theft
Former Major League Baseball player and radio game announcer Bob Uecker sought an injunction against Ann Ladd, alleging a six- or seven-year pattern of harassment. Ladd, who claimed to be a devoted
After a nonparty to the lawsuit allegedly told defendant that plaintiff was gay or bisexual, defendant relayed that information to a third-party defendant, a close family friend of plaintiff's

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