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business
essentials business law
Understanding Business And Personal Law, Student Edition (BROWN: UNDER BUS & PERS LAW) 1st Edition McGraw-Hill Education - Solutions
What is a third-party beneficiary?
Why is it usually a bad idea to sue for breach of contract that did not cause actual loss?
How do actual damages differ from incidental damages?
Describe the two chief equitable remedies.
Define the principle of mitigation of damages.
What duties cannot be delegated to others?
Why is it important for an assignment to be in writing?
When rights are transferred, who is the assignor? Who is the assignee?
Reflect on your partner’s suggestions regarding your story
Offer constructive criticism to help your partner improve his or her story. Point out strengths and weaknesses. Make sure all legal language is used correctly.
Exchange stories with a classmate. Read your classmate’s story, noting interesting perspectives and styles.
Create illustrations to highlight the important points in your story. Include these illustrations in your story.
Write a short story about a contract that has been transferred and breached, using as many of the terms as possible.
Why is it necessary to minimize the damages involved in a breach of contract?
What remedies are available to an innocent party when a breach of contract occurs?
What is the difference between specific performance and an injunction?
What remedies are available in a lawsuit for breach of contract?
How is a novation formed?
What happens when one party to a contract decides to assign his or her rights under the contract to a third party?
Respond Do you think the drafters of the U.S. Constitution were correct when they gave Congress the right to pass bankruptcy laws? Why or why not?
Question Do you think it is fair that felons lose some of their civil rights while in prison? Explain your answer.
Connect Can you describe a situation in which you have made tender?
Predict Why do you think time is so important in a contract?
Any special statute of limitations that might affect people in prison.
The laws in your state regarding the loss of rights for a convicted felon.
Impossibility of Performance Parker entered a contract with Arthur Murray, Inc. to learn how to dance. The contract eliminated any possibility of getting a refund. Later, Parker suffered a permanent disability that made it impossible for him to dance. The dance company pointed to the anti-refund
Partial Payment Weaver and Brewer hired Grafio to paint their house for $5,650. After the job was completed, Weaver and Brewer discovered a footprint left on the roof. The damage would require $50 to fix.Weaver and Brewer stopped payment on a check made to Grafio for $1,845, which represented the
Otto Mandel enters into a contract with the Hewlett Lumber Company for purchasing 50,000 feet of yellow pine. Mandel intends to use the wood in the manufacture of pinball games. After the contract is made, a state law is passed making the manufacture and sale of pinball games illegal. Does this new
Ruth Collins finds an antique table she likes.She tells the proprietor that she will buy it.She has no money with her, so she agrees to pick it up and pay for it the next day.That night the antique shop and its contents burn to the ground. Is the contract to buy the table discharged? Explain your
Earl Kirton agrees to put vinyl siding on Ben Finkel’s house for $4,500. After almost completing the job, with only one more row of clapboards to be covered, Kirton cannot stand Finkel’s watching his every move any longer. Kirton picks up his tools and leaves;Finkel argues that he does not have
Ferguson had seriously overextended himself financially until he was faced with filing for bankruptcy. He was especially anxious to file quickly because he had an enormous payment of back taxes due in April. He also had child support payments due, as well as several enormous credit card bills.
Does Milka have to wait until Albert gets well, or can she legally discharge the contract? Explain your answer.
Is the contract discharged by impossibility of performance? Why or why not?
Does Milka have to accept the son’s design? Explain your answer.
What is legal tender?
Why does the law require that some debts be retained after a person declares bankruptcy?
Why do some states require a party to make tender, even if the other party cannot fulfill the terms of the contract?
What situations “stop the clock” on the statute of limitations?
Can the death or illness of a party be used as an excuse for nonperformance of a contract? Explain your answer.
What is it called when one contract is substituted for another? How often is this procedure used?
What is the test called that the courts use to determine satisfactory performance?
Will a court allow a longer time for performance of a contract than the contract specifies? Explain your answer.
Read your classmates’ comments and briefly discuss with your team how you could improve your role-play.
Have your classmates critique your team’s performance.
Present the role-playing exercise to the class. Be animated and energetic in your presentation.
With a team of three or four, role-play a situation in which a contract is coming to an end. Use as many of the terms listed above as possible.
What debts cannot be discharged in bankruptcy?
What is the statute of limitations?
When will the law permit a discharge by operation of law?
When will the law permit a discharge by impossibility?
How can contracts be discharged by agreement?
What is tender of performance?
What is the difference between satisfactory and substantial performance of a contract?
What is a reasonable time for completing a contract?
What happens if the subject matter of a contract is destroyed?
Can a contract be ended by mutual agreement?
Will a slight deviation from the promised performance amount to a breach of the entire contract?
What happens if one party to a contract is not satisfied with the other party’s performance?
Respond Why do the courts prefer the original copy of a written agreement rather than a photocopy?
Question Why do you think the Statute of Frauds does not pertain to all contracts?Explain your answer.
Connect Have you ever signed a contract or other document without reading the fine print? Why is this a good idea?
Predict Are written contracts always preferable to oral contracts? Explain your answer.
Find at least five English laws that influenced the U. S. legal system.
Help Bert conduct the research he needs for his paper. List 3–4 Web sites that may be useful for conducting the necessary historical research.
Stock Options Buzzy and Hall entered an employment agreement. As a part of the agreement, Hall was promised that he would receive an option to buy 1,000 shares of the company stock at$20 per share. Later the company refused to sell Hall the shares. What legal argument might be used by the company
Separate Documents Wheeler and Butler entered a lease-purchase agreement. Under terms of the agreement, Butler leased and had the option to purchase land that was owned by Wheeler. The agreement was reduced to writing. However, the agreement was written on two separate documents. When a dispute
David Abrams agrees to buy printing equipment from Aaron Ackerman. A contract to serve as evidence of the agreement is drafted and typed, but before signing, both parties add a handwritten clause. It is later discovered that the handwritten clause contradicts a typewritten clause. Which clause will
Carlos Beck orally agrees to buy property from the Bitner Realty Company. He writes, signs, and gives to the realty company a memorandum of the agreement. The company does not sign the memorandum.When Beck fails to buy the property, the Bitner Realty Company brings an action for damages. Is the
A.R. Norton orally agrees to sell her farm to E.J. Dillon for $20,000. She gives Dillon the following memorandum: “On this date I hereby agree to sell my farm to E.J. Dillon for $20,000. A.R. Norton.” Dillon later refuses to carry out the agreement. May Norton recover from Dillon for breach of
Frank Larson orally promises to give Gena Little $10,000 if she will marry Larson’s nephew, Charles Cohen. Little marries Cohen, but Larson refuses to pay. Can Little have the promise enforced? Why or why not?
Rubenstein hired Mason to audit her chain of 92 art galleries. When they made the agreement, Rubenstein insisted that, as a part of the auditing process, Mason would be required to spend one week at each gallery. Mason demanded a written agreement before he would agree to Rubenstein’s terms. Is
Would the parol evidence rule come into play? Why or why not?
Would the promise of the warranty hold up in court? Explain your answer.
As a class, review the documents to see if they meet the requirements of a memorandum.
What guidelines should you follow when you are asked to sign your name to any document?
When may the parol evidence be introduced?
When does the equitable estoppel exception apply to an oral contract to sell real property?
Must a writing be formal to satisfy the Statue of Frauds? Explain your answer.
Why did the English Parliament pass the “Act for the Prevention of Frauds and Perjuries” in 1677?
As a class, vote for the best presentation.
Present the role-playing exercise to the class. Be animated and energetic in your presentation.
With a team of three or four, role-play a situation in which a contract must be in writing. Use as many of the terms listed above as possible.
What rules govern the changes in a written contract?
What contracts must be in writing?
How are contradictory and ambiguous terms in a written agreement interpreted by a court?
What are the elements that must be included in a written contract?
What is the legal status of a contract that is not in writing?
What elements must be included in a written contract?
Which contracts must be in writing?
What is the legal status of a contract that is not in formal writing?
Respond Do you think the government should be responsible for the health, safety, welfare, and morals of the public? Why or why not?
Question Do you think we should still have strict Sunday laws? Why or why not?
Connect Have you ever participated in a giveaway game that a store or business was conducting for promotional purposes?Explain your answer.
Predict Do you think it’s possible for a contract to be invalid, even if it contains all six of the proper elements? Explain your answer.
Whether you can purchase lottery tickets online.
What the state uses the money for.
What type of games are available.
When the lottery was first established.
Market Competition The Major League Baseball Players Association and the Topps Chewing Gum company entered exclusive contracts for the services of baseball players. Under the agreement, Topps would have the exclusive right to use photographs of major league baseball players on baseball cards
Gambling The members of the “last man’s club” purchased a lodge in upstate New York to serve as their headquarters. As a part of their arrangement, the members agreed that the last surviving member of the club would assume ownership of the lodge. The last surviving member turned out to be
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