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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
Use your classmate’s suggestions to improve your report.
Ask a classmate to critique your report, making sure it was easy to read and understand.
Write a one- to two-page report explaining contractual capacity to another classmate. Use the key terms listed above in your report.
What individuals, besides minors, can void their contracts?
Are there any exceptions to the rule that says that minors can void their contracts?
Why does the law permit minors to void their contracts?
When is a person considered a minor?
Respond In negotiating a contract, is the use of duress and undue influence unethical as well as illegal? Explain your answer.
Question In Example 5, given that Angelini Construction made an honest mistake when bidding the project to rebuild city hall, is it fair to bind them to the unreasonably low price they submitted? Explain. (Locate the text that corresponds with this item near the example under unilateral mistake.)
Connect Create sample statements of “sales puffery” that border on being fraudulent.
Predict How will understanding the elements of fraud help you avoid being a victim of fraud in the future?
Create a short checklist of criteria that you would use when locating a lawyer.
Help Seig find a lawyer online.
Forced Promises During a riot at the Iowa State Penitentiary, prisoners held staff members hostage. The hostages were released after the warden agreed in writing that the prisoners would experience no reprisals. Afterward, however, some of the prisoners were punished. One prisoner, Wagner, was
Intentional Misrepresentation Walker and Cousineau were in the gravel business. Walker wanted to sell a tract of land. He claimed that he had an engineer’s report showing the land held 80,000 cubic yards of gravel.However, Walker knew the land held substantially less gravel. Cousineau bought the
Estelle Petkins put her summer cottage up for sale. Edith Ong, who was interested in buying the cottage, asked if it had termites.Petkins was not aware of a termite problem, so her answer was no. Ong bought the cottage and later found termites. Does Ong have any recourse against Petkins for fraud?
The basement of Rodney Wiseman’s house flooded every time it rained. Nevertheless, when Phelps, a potential buyer, asked about water in the basement, Wiseman said that the basement was dry. Phelps had an expert check the basement for dryness before he purchased the home. After a heavy rain,
Akeo Shimazu signed a form without reading it. He assumed the form was a request for a sample copy of an expensive book. When his order arrived, he found that he had actually signed an order form for the book itself. Shimazu refused the book, claiming he was not bound by the agreement because of
The Oxford Art Gallery, operated by Allen Oxford, owned two 1907 photographs that depicted immigrants arriving in America.One of the photographs, taken by the famous photographer Alfred Stieglitz, was worth a substantial sum of money. The other photo, taken by a relatively unknown photographer
What should Erik do?
Is nondisclosure involved?
Is this a fraudulent situation?
Is Erik misrepresenting his offer?
Present your case and decision to the class.
Write a one-page paper explaining whether you would have awarded similar damages.
Review the facts of the case from the plaintiff’s and the defendant’s viewpoints.
How does emotional duress differ from physical duress?
What is a material fact?
What is the essential difference between duress and undue influence?
What are two kinds of bilateral mistakes? Who may avoid a contract that contains a bilateral mistake?
Describe a situation in which one party might be tempted to conceal information that would discourage the other party from entering into a contract.
What are the two options for seeking recovery if you are induced to enter a fraudulent contract?
Name five circumstances that might create a defective agreement.
Post the winning story somewhere in the classroom.
As a class, vote to choose the best story.
Present your story to the class.
Exchange stories with a classmate and review the terms that you each used in your stories.
Imagine one of your friends is facing a defective agreement with a recent contract. Write a story about the situation using as many of the key terms in the story as possible.
What are the requirements of undue influence?
What are the requirements of economic duress?
What types of mistake will allow rescission of a contract?
What is the difference between unilateral and bilateral mistakes?
What is the difference between the remedy available for fraud and the remedy available for misrepresentation?
What is the difference between fraud and innocent misrepresentation?
What is the difference between fraud and concealment?
What are the elements of fraud?
Will a mistake void a contract?
Can fraud be committed by actions?
Can fraud be committed by words?
Do customers have the right to expect salespeople to tell the truth about important facts in a contract?
Respond Why do you think that although death ends an offer, it does not end a contract? Is that fair?
Question Can you think of a situation where an oral contract would be better than a written contract? Explain your answer.
Connect Have you ever faced a situation where you wished you had a contract in place?
Predict Contracts seem to be a part of everything we do. Why are they so important?
Create a contract between you and your parent or guardian that will help you manage the use of your vehicle.
Locate statistics, major causes, and ways to help teens become safer drivers.
Terms of Acceptance Tockstein wrote, signed, and delivered an offer to Rothenbeucher stating that he wished to purchase Rothenbeucher’s house. The offer included a statement that acceptance must be made within 24 hours. After 24 hours, the offer would be revoked unless Rothenbeucher had accepted.
Terms of Advertisement The following advertisement was placed in a Minneapolis newspaper by the Great Minneapolis Surplus Store: “Saturday 9 A.M. 2 Brand-new Pastel Mink 3-Skin Scarves selling for $89.50—Out they go Saturday. Each...$1.00. 1 Black Lapin Stole. Beautiful, Worth $139.50...$1.00.
Victor Archer mailed an offer to Sally Miles. Sally mailed a properly addressed and stamped letter of acceptance 10 minutes before she received a revocation from Victor. Was the revocation effective?Explain your answer.
Home Furniture Company advertised its waterbeds in a local newspaper. The newspaper mistakenly advertised the beds for$49 instead of $249. Must Home Furniture sell the beds at the advertised price? Explain your answer.
Bob Goodman made a verbal agreement to buy a pocket calculator from Howard Hermann for $35. When Hermann delivered the calculator, Goodman refused to accept it, stating that he was not bound by his verbal agreement. Was he correct?Explain your answer.
Connie Adler agreed to go to the homecoming dance with Fred Wolfe. Later, Steve McNamara, the captain of the football team, asked Connie to be his date for home-coming. Connie broke her date with Fred to go to the dance with Steve.Does Fred have a legal claim against Connie? Explain your answer.
The Galaxy Research Center e-mailed an offer to the owners of Twin Pines, a farm in rural Arkansas. The e-mail message stated:“Please consider this our offer to purchase between 9,000 and 11,000 acres of your 15,000-acre tract of farmland land near Twin Pines, Arkansas. Our offering price is
If you were Tara, what would you do?
What should happen if Victor “forgets” a few things while cleaning?
Is it voidable?
Do Tara and Victor have a valid contract?
The similarities or differences among businesses/government agencies and how these similarities or differences are manifested in their business contracts.
How contracts are used across your community.
What two rules govern the revocation of contracts?
Why is it desirable to put some contracts in writing?
Under what circumstances might contract be voidable?
How can genuine agreement be disrupted or destroyed?
When an acceptance is sent over a long distance, when does it become effective?
What are the exceptions to the mirror image rule?
Why are most advertisements in the newspaper treated as invitations to negotiate? Are there exceptions? What are they?
Explain the elements of legal contracts.
Describe the formalist theory of contract law.
Encourage the winner to present his or her poem or play to other classes that are studying business law.
As a class, vote to select the best performance.
Share your poem or play with the rest of the class, using various other forms of expression (music, silent modern dance, mime, etc.) to communicate important details.
Write a poem or short play about two people who are planning to enter into a contract, using all of the terms listed above. Be creative and humorous.
When is an offer terminated?
What is the difference between an acceptance and a counteroffer?
What are the requirements of an acceptance?
What is the difference between an offer and an invitation to negotiate?
What are the requirements of an offer?
What are the differences between oral and written contracts?
What are the differences between unilateral and bilateral contracts?
What are the differences between express and implied contracts?
Explain the elements of legal contracts.
What constitutes a legal acceptance?
What constitutes a legal offer?
When does a contract legally come into existence?
What characteristics do contracts share?
Does the promise to do a favor create a binding contract?
When does federal law preempt state law?
What is the effect of the supremacy clause in the U.S. Constitution?
Describe the general provisions of the Public Health Cigarette Smoking Act of 1969.
What defense did the cigarette manufacturers raise in this case?
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