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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
Ann Perkins promises her daughter, Sue,$10,000 if she never marries. Is Sue entitled to collect this amount from her mother’s estate if she is not married when her mother dies? Why or why not?
Olive Mower, a defendant, promises to pay$300 to Sue Dorsey if she will testify falsely for Mower at her trial. Dorsey testifies as agreed. Is she legally entitled to the $300? Explain your answer.
Jose Hope sells Suzie Tanaka a camera repair shop located in Rochester, New York.Hope signs a contract agreeing never to engage in a similar business in New York State. Five years later, Hope opens a camera repair shop in New York City. Is Hope liable for breach of contract? Why or why not?
A state statute requires real estate brokers to obtain a license. Burke, without getting a license, buys and sells real estate for others. He sues one of his clients to collect a fee. Is he entitled to judgment? Explain your answer.
Phil Jackson agreed to drive a truck transporting a shipment of illegally manufactured slot machines from New York to Atlanta.When Jackson arrived in Atlanta, he and the person who had hired him were arrested by federal agents. Both men were charged with transporting illegal cargo across state
Would you participate in office gambling?Why or why not?
Is it ethical?
Is office gambling just a friendly game?
Why do you think your state requires a member of this profession to have a license?
What is the penalty for violating the licensing statute?
How much does the license cost?
What are the requirements of the license?
What are some examples of agreements to obstruct justice?
What duty related to public policy do elected officials have?
Why do some states choose to run legal lotteries?
What is usury?
Do all illegal agreements violate statutory law? Why or why not?
Why do states have statutes that require people in certain trades or professions to have licenses?
What agreements are void under Sunday statutes?
What is a gambling agreement? Is gambling legal? Explain your answer.
What makes a contract divisible? How does the court treat a divisible contract?
Check your classmate’s performance on your crossword puzzle, and have him or her check your performance. Make sure that each of you fully understand each term by verifying that the definitions provided are accurate and the puzzles are completed correctly
Exchange crossword puzzles with a partner and complete your classmate’s puzzle.
Using all of the key terms listed above, create a crossword puzzle. Make sure to provide definitions for each term.
What types of contracts involve an unreasonable restraint of trade?
What contracts are considered to be contrary to public policy?
What is the legal doctrine of public policy?
What consequences are associated with making illegal contracts?
Is a gambling contract valid and enforceable?
Why were Sunday contracts made illegal?
What makes a contract illegal?
Respond Do you think a police officer should receive the reward money for locating a missing person? Why or why not? Does your answer depend on whether the officer is on or off duty?
Question Why do you think the Uniform Commercial Code eliminated the use of the seal? In what ways might using a seal be impractical?
Connect Can you think of an example of consideration that pertains to your everyday life?
Predict Why is consideration the central focus of most contractual relationships?
Generate a discussion about whether the agreements downloaded would be considered valid contracts.
Print the agreement, and bring it to class.
Locate a Web site that has an online agreement where the user must click “I Accept” to validate the transaction.
Preexisting Duty Vignola Furniture Company sold Trisko a loveseat. Unfortunately, the loveseat was damaged when it arrived at Trisko’s home. The furniture company agreed to repair the loveseat in exchange for Trisko’s promise not to sue. Trisko agreed but later sued anyway, arguing that Vignola
A Promise Not to Sue Koedding engaged N.B. West Contracting Co. to repave his parking lot. After the job was completed, Koedding was not satisfied with the quality of the work and threatened to sue. West agreed to reseal the lot and to guarantee the job for two years if Koedding agreed not to
Demi Grayson works for Viorst Caterers.Grayson’s doctor has recommended that she have surgery. If she has the surgery, she will be unable to work for a month. The owner and president of Viorst says, “Don’t worry, your job here is safe. When you’re well enough, come back.” When Grayson
On May 20, Martin signs a written promise to give Sanchez an additional two months to pay the debt. Is this promise binding? Why or why not?
Carmen Sanchez’s debt to Bernie Martin is due on June
Lisa Lowe takes her car to the Browning Garage and agrees to pay $75 for a tuneup. Before the job is completed, Lowe tells the owner, “I’ll pay you $10 extra if you do a good job.” Is Lowe bound to her promise?Explain your answer.
Tammy Carson’s car runs out of gas. Ned Grover, driving by, sees Carson and offers to tow her car to the next service station.Carson accepts the offer. After they reach the service station, Carson tells Grover she will send him a check for $25 for his kindness. Is she legally bound to do so?Why
Horace Kushner was injured in an accident with Vic Ling. Kushner promises not to sue if Ling promises to pay $1,000. Ling agrees.Is Ling legally bound to his promise?
Carrie Johnson agreed to let Richard Frank use her truck for a move from Bellville to Centerberg. There was no understanding that Frank would pay Johnson for using the truck. Johnson later refused to let Frank use the truck. Is there a breach of contract in this case? Why or why not?
What are some of the advantages and disadvantages to borrowing money from family or friends?
What steps can Tony take to ensure the return of his money?
What factors do you consider most important in evaluating this scenario?
Do you believe that Abdul owes Tony the$10,000 he borrowed to start his business?Under what circumstances might your answer change?
What a seal looks like, and how it must be applied.
What type of contracts require a seal.
What is accord and satisfaction?
Can a preexisting duty be consideration? Why or why not?
What is an illusory promise? Provide an example.
How does the court view charitable pledges? Explain your answer.
What does the term unconscionable mean as it pertains to consideration? Describe the circumstances that frequently exist when an unconscionable agreement arises.
Name the three promises that, when made, constitute a bargained-for exchange.
Present your play to the class. When you are finished, have class members in the audience critique your performance. Next, have your classmates provide definitions of each of the key terms based on the play that you present.
Select members of your class to play each of the character roles in your play. Practice your lines together, and make sure that you use each of the key terms correctly.
Write a brief play in which two or more of the characters are involved in a contract negotiation. Make sure that the dialogue you create uses each of the key terms.
What is the difference between past consideration and preexisting duties?
What agreements are not enforceable without consideration?
What is the legal doctrine of promissory estoppel?
What agreements are enforceable without consideration?
Are promises to fulfill social engagements supported by consideration?
Is there any recourse in the law when people disagree on the amount owed in a contractual situation?
Does the law permit past actions to serve as consideration in a new contract?
When is a contract sealed with consideration?
Respond Do you think it is fair that enemy aliens are prevented from entering certain types of contracts?
Question Why do you think minors, the mentally impaired, and intoxicated persons are held responsible for necessaries in a contract situation?
Connect Have you, as a minor, entered into a contract? Did you void it or carry out the terms of the contract?
Predict Why do you think minors are allowed to rescind or void the contracts they make?
Explain the issues that surround minors, e-commerce, and the Internet.
Help Freda answer her question.
Rescinding a Sale Before reaching the age of 18, Brenda Sanchez sold property to Norman and Mary Ann Sanchez for $3,000. Upon reaching the age of 21, Brenda signed an official acknowledgment that she had sold the property to Norman and Mary Ann. Brenda then attempted to rescind the sale on the
Is Leo entitled to triple damages? Explain your answer.Leo v. Maro Display, 412 A.2d 221 (RI).
Legal Age Leo’s left hand was seriously injured in a job-related accident at 12:45 P.M. on August 3, 1977.Under the Workers’ Compensation law, minors are entitled to triple damages. Leo was born on August 3, 1959, at 3:56 P.M. The age of majority is
Marty Eng, 16, sells his car to Joseph Lutz, 19, for $1,500. Two days later, Marty changes his mind. He asks Joseph to return his car and offers to refund the $1,500.Joseph refuses. Does Joseph have the legal right to do so? Explain your answer.
Tina Kepler makes an agreement to purchase certain clothes from a local department store. Kepler has been declared legally insane, and a guardian has been appointed to take care of her. Is the agreement binding on Kepler? Why or why not?
Two months before reaching the age of majority, Helen Smythe buys a motorcycle for $3,000. Three years later, she seeks to void the contract, claiming that she was a minor at the time of the purchase. Is she legally bound by the contract? Explain your answer.
Joel Petro, 17, operates a VCR repair business. He finds that he has ordered more supplies for his business than he needs, so he contacts one of his suppliers to cancel his contract. The supplier refuses to cancel the contract. What might Petro do?
Dana Niebuhr, 17, buys an electric guitar.She tells the owner of the shop that she is 19.Two months later she returns the guitar and demands the return of her money. The owner refuses to comply. Can Niebuhr avoid the contract? Explain your answer.
Max Fisher, 16, bought a used personal computer from an electronics store. The box the computer came in indicated that it carried a 90-day manufacturer’s limited warranty. The computer stopped working two months later. The clerk in the electronics store tells Fisher that the warranty applied only
Tom Molinero, 17, buys a car from Clyde Tait for $1,500. Two weeks later, while still a minor, Molinero is involved in an accident that occurs because Tait neglected to replace a faulty wire. The car is damaged beyond repair. Molinero wants Tait to return the $1,500. Is Molinero entitled to the
Why do you think parents have this right?Do you think it’s fair? Explain your answer
When it involves his or her own business.
When are the contracts of a mentally impaired person considered valid?
What is capacity?
What are necessaries?
What is an emancipated minor?
Are intoxicated persons always able to disaffirm their contracts? Explain your answer.
May a minor avoid a contract with another minor? Why or why not?
May a minor affirm and disaffirm parts of the same contract? Explain your answer.
Why does the law shield minors in the making of their contracts?
What are the two age-related milestones that many states have?
Post the winning report somewhere in the class.
As a class, vote to select the best report.
Share your revised report with your classmates.
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