Business Law 9th Edition Sarah Riches, Vida Allen, Denis J. Keenan - Solutions

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Assume that plaintiff P and defendant D had a contract, with P to perform specified services in return for D’s payment. P claims that he has performed the required services, but D refuses to pay P anything. P sues D. What damages award can P receive if:(a) P substantially, but not fully,
What is the difference between the words “discharge” and “performance”?
Irene Instructor made an agreement to teach at a well-known university for a period of one year for a salary of $40,000 per year.(a) Discuss (1) Irene’s right to delegate her teaching position to her friend, Smith, a highly qualified and respected teacher in the same field; (2) The university’s
Guana Fertilizer Company made a written contract with Rufus Rural to mine phosphate from the “Rural farm in Boise County, Idaho.” The contract required Guana to pay a royalty of $35 per ton for all mineable phosphate taken from the property.(a) Discuss whether parol evidence can be introduced
Evan Eager telephoned the Ardent Cosmetic Company asking for a job as manager of sales. Ardent had advertised this job in a trade publication, stating, in part, as follows: “Exciting opportunity for sales manager with leading cosmetics manufacturer. $75,000 per year; 2 years to make good.”The
Explain why an incidental beneficiary cannot sue on contracts to which he/she is a party.
Would the right to enter another person’s property and pick fruit from fruit trees be subject to the Statute of Frauds?
What is the meaning of the sentence “The assignee stands in the shoes of the assignor”?
Is an agreement to work for a person for the lifetime of that person subject to the Statute of Frauds?
Does the Statute of Frauds require that certain contracts be in writing?
Dan Diver is a 22-year-old student at Ambiance Air Academy in.Smalltown, Any State. He joins a parachute diving club to “experience the exhilaration of diving” and to “engage in the world’s most exciting sport,” according to a contract he signs with the club, Live-Long Divers, Inc. The
Fran Flighty, the 17-year-old daughter of wealthy parents, is visiting an aunt in Honolulu. While there, she signs a contract with the ABC Dancing School whereby she is to be taught “all sophisticated modem dances for young and old alike” in “12 easy lessons.” Fran takes no lessons, makes
Just after his seventeenth birthday, Murdock Minor signs a contract with Scholarship Bpoks, Inc., for a correspondence course in geology. The cost of this course is $1,000, payable in 20 monthly installments of$50.00 each. There are 20 units, each completed monthly. Murdock completes 14 units and
If an action (e.g., murder) is a crime by reason of a statute, will it usually also be a crime by reason of public policy?
Does the warning on cigarette packages that “Smoking by Pregnant Women May Result in Fetal Injury ...” operate as an exculpatory clause to the cigarette company?
Why is an intoxicated person not given the same right to disaffirm his/her contract that a minor is given?
Name a specific instance in which contract law attempts to protect general morality.
What is the underlying reason that an illegal contract is not enforceable in court?
Discuss the pros and cons of permitting a suit against a minor for fraud if he misrepresents his age.
Explain how the term “capacity” applies to both minors and insane persons.
Nellie Naive is an elderly, naturalized American citizen with a marginal knowledge of English and a meager education. She owns a boarding house but is having trouble making ends meet. One of her boarders, Sam Slick, a traveling salesman, is aware of her difficulties. He offers to lend her $10,000
Bruce Brown is seriously ill. While heavily sedated, he is persuaded by his wife Betty to sign some “papers” so she can pay the hospital bills.These “papers” include a bill of sale on Bruce’s cabin cruiser. Actually, the hospital bill is amply covered by insurance, and Betty sells the
Fred Farmer is the owner of a 100-acre farm near a large city. Consider the following two situations:(a) An employee of the State Roads Department tells a friend, Lester Listener, that the state plans a major road relocation through Fred’s property, including a cloverleaf and commercial
Define “unconscionable contract.”
When does duress cause a contract to be (a) void or (b) voidable?
Name four confidential relationships where undue influence could exist.
Can a person’s careless statements give rise to fraud when the person does not know for a fact that he/she is lying?
How does the penalty for contract fraud differ from the right of recission in cases of simple mutual mistake?
How have the old equity doctrines influenced the law of contract mistake?
Name a situation in which an opinion statement would give rise to rescission of a contract.
Explain the circumstances under which it may be possible to rescind a contract because of unilateral mistake.
If a farmer agrees, in writing, to pay his wife $100 a month to keep farm accounts and perform farm chores “as you have always done,” is this an enforceable contract?
You receive a letter from the General Moose Company containing an offer and concluding: "... and we will pay you for your services$50,000 for your first year.” You respond by saying, “I like your offer, and would accept for $55,000.” You hear nothing in response, so after 10 days you write
In Problem 1, there is fine print at the bottom of the menu: “15% gratuity, $25.00 cover charge.” What is the effect, assuming that you order dinner but do not see the fine print?
In Problem 1, you read the menu and place an order. Nothing is said about agreement to pay. Is there a contract?
You enter an expensive restaurant and are seated by the hostess. A waiter brings you plates, knives and forks, napkins and other “setups”for dinner, including bread and butter, which you partly consume.When you read the menu, you realize that the prices far exceed what you can afford, and you
What is the consideration for the promise in a unilateral contract
What is the essential element of “consideration”?
What is the meaning ofthe term “adequacy of consideration”?
What is the effect of a conditional acceptance?
What are the four exceptions to the rule that an offer can be withdrawn at any time before it is accepted?
When is an advertisement an offer?
How can a unilateral offeree convert the contract into a bilateral contract? When should he/she do so?
Why is a lawsuit based on an implied contract more likely to produce greater damages and a larger verdict than one based on a quasi contract’
How would you go about proving (a) an express contract, (b) an implied-in-fact contract, (c) a quasi contract?
In what sense is it incorrect to refer to a written document as a contract?
Where would you find that case?
A case is cited as follows: 63 A.2d
At an administrative hearing, the Administrative Law Judge (ALJ) bases his decision on inadmissible evidence, unauthenticated records, and the ALJ’s own knowledge of customs in the industry. He also talked about the case while on the telephone with one ofthe parties.The ALJ permitted testimony
On Monday, a dissatisfied customer files a complaint about Dew Processing, Incorporated (Dew). On Tuesday, an official at the State Board of Business calls the president of Dew and informs him of the complaint. On Wednesday, Dew receives notice that its consumer sales license has been suspended.
Hap does not leave Massachusetts. He answers and files a motion for summary judgment, with an affidavit saying that he has never met anyone named Susie Sharp, that there was no contract, and that the signature on the alleged contract is not his. Will he win? What is the standard for granting
Hap refuses to answer Susie’s complaint. Susie obtains a judgment, including a damages award, by default. Hap moves to another state, one that generally does not enforce the type of contract that Susie and Hap had. May Susie use the new state’s courts to collect her money (damages) from Hap?
Susie Sharp wants to sue Hap Hapless for breach of contract. Susie lives in New York, and Hap lives in Massachusetts. The contract was signed at a business meeting in Boston. Hap has not been outside Massachusetts for years, nor has he done any business elsewhere.(a) In what court can Susie sue?(b)
Give at least four examples of administrative deprivations of liberty or property (thus requiring a hearing).
What is the most important difference between mediation and arbitration?
Name at least four reasons why disputes are compromised.
(a) Who usually has the burden of persuasion?(b) Who has the burden of coming forward?
(a) State the general order of pleadings filed before a trial.(b) What are the four main methods of discovery?
What state’s substantive laws usually govern a tort case?
Distinguish jurisdiction from venue.
What is the key constitutional question concerning “long-arm” personal jurisdiction?
Describe the differences between the functions of a trial court and an appellate court.*
State the three main levels of courts in the federal system.
Scott Sneaky wants the state legislature to pass a law that would provide his business with a series of windfall profits. A friend has persuaded him to go to a state administrative agency to obtain a rule that would serve essentially the same purpose and, Scott hopes, would avoid the publicity that
In Problem 4, on what grounds should the law be challenged?
A state statute prohibits businesses from contributing to election campaigns. This statute is challenged in court by a group of law students.What will be the outcome?
Congress has enacted a broad statutory scheme covering most aspects oflabor/management relations. Fearing that unionization would increase operational costs for the town’s private employers, Poor Town’s board of commissioners wants to keep a national union from organizing any ofthe workers.
Suppose that a dissatisfied customer brings his complaint against XYZ, Inc., to the state legislature, which passes a law making illegal XYZ’s sales arrangement with the customer. Effective 30 days after the law’s enactment, XYZ’s sales license is to be suspended for 3 months. What should XYZ
Commerce-in-Claus is an interstate shipper of Santa Claus outfits. A neighboring state has passed a law raising fees on its toll roads for all trucks with out-of-state registration, but no one else. Is this constitutional? Discuss. What bearing does Santa Claus have on your answer?
Name two fundamental rights set forth in the Fourteenth Amendment to the U.S. Constitution.
Over what types of cases does the U.S. Supreme Court have original jurisdiction?
Name three independent federal agencies.
State the two major standards for review in equal protection cases, including the type of cases that fall under each standard.
Name the seven general functions that may be performed by an administrative agency.
What two types of bills may neither Congress nor a state legislature pass?
How does Congress use its power to spend as a method for national regulation?
State the general test for determining whether a tax is constitutional.
By what constitutional provision does Congress have the implied powers to take legislative action not specifically mentioned in the U.S. Constitution?
Name three Congressional powers specifically enumerated in the U.S. Constitution.
For each of the three branches of the federal government, describe the system of checks and balances on the powers of the other branches.
In what sense is the “constitution” of England a “creature” of the common law?
Bernhard Goetz shot and wounded four young men who apparently were attempting to rob him in a New York subway in 1984. He had been robbed before under similar circumstances. Discuss the morality and legality of Goetz’s conduct.
Under what circumstances would an American court consider the Justinian code in deciding a case?
The right of appeal to a higher court usually expires 30 days after a decision is rendered in a trial court. Suppose that your lawyer forgets to“note” your appeal within that period of time, although you have instructed her to do so. Under the law, you lose your right to appeal under these
If you were a citizen in the following societies at the times indicated, how would you conduct yourself in regard to a conflict between personal morality and the law?(a) Nazi Germany in 1937.(b) Boston, Massachusetts, at the time ofthe Boston Tea Party (1773).(c) A slave owner in a Southern state
Name at least four general, ethical duties of an attorney.
Which of the following may waive the attorney/client privilege: (a) the attorney; (b) the client; (c) a third party; (d) a judge?
Is it easier to know your “rights” in a Civil Law country or in a common law country?
Why is it likely that the common law system will produce a greater number of lawyers than the Civil Law system?
Which is more important, procedural law or substantive law?
Why is it difficult to make law “uniform” by enacting uniform statutes?
If the law requires that a person take some action (salute the flag, report or spy on an unpopular minority group or person) he/she considers immoral, should the person obey the law? Give other examples of such a conflict.
Are there any circumstances under which society could exist without law?
When we say that law “improved” or “progressed” from Hammurabi to Napoleon, what is meant by “improved” or “progressed”?
Why should a definition oflaw emphasize enforcement?
In what major way does the common law differ from the Civil Law?
Tom and Harry are shop assistants and short of cash. They decide to borrow from the till. Tom leaves a note in the till and replaces the money the following day. Harry neither leaves a note nor does he replace the money. The employer has discovered what has happened and wishes to dismiss Tom and
Jane has recently taken up employment as an accounts clerk at Bodge Builders’ warehouse. She is the only female employee at the premises. Jane has complained to Joe the foreman that she is constantly being subjected to remarks by some of the male employees comparing her physique and sexual
The company of which you are secretary makes components for cars. Business has fallen off lately and the board has decided that it will have to dismiss 120 employees during the next five weeks.Write an explanatory memorandum to the board regarding any legal requirements there may be in terms of:(a)
Alan worked for ten years for Pleasant Ltd. It was taken over 18 months ago by Aggressive Ltd and Alan continued in his job. He has found the management of Aggressive Ltd to be very difficult and domineering. Amongst other things, the management has asked him to work in the stores issuing and

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Business Law 9th Edition Sarah Riches, Vida Allen, Denis J. Keenan - Solutions

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