Questions and Answers of Law business personal use

Write a paragraph contrasting the ethical positions of the church versus the owner from whom the laptop was stolen. Ethically, who should be allowed to have the laptop?
Are COD sales still useful? Make a list of instances in which they fill a need.
Should checks be considered “legal tender”? Write a paragraph stating arguments for both sides of the issue.
Why should the risk of loss to fungible goods pass at the time of the agreement instead of when the goods are existing and identified to the contract?
Why should the courts give priority to the actual sales contract when determining when the ownership of goods passes from seller to buyer?
Why should the buyer rather than the seller have to notify creditors in a bulk sale?
What are the advantages and disadvantages to allowing ownership to be transferred by the passage of documents of title?
Why should an innocent purchaser from a thief receive only possession whereas an innocent purchaser of another’s goods from a buyer of those goods in a fraudulent sale obtain good title?
The Palermos needed carpeting for their home. Colorado Carpet Installation, Inc., agreed to do the job for a price that, including carpet and labor, totalled more than $500. Mrs. Palermo did not like
Albert Reifschneider knew farming. Born and raised on a farm, he had been selling his crops for more than 20 years. He also had a lot of experience in farm futures (contracts made between farmers and
Jordan Paper Products, Inc., sued to recover $22,089.48 owed to it under an oral contract by Burger Man, Inc., an Indiana fast-food chain. The contract was for various paper products that Jordan had
Cargill, Inc., the plaintiff, is a large grain company. Warren, an agent of Cargill, managed its grain elevator in Hingham, Montana. On August 24, Warren orally contracted to buy from Wilson, the
In July of 1977 Dr. Sedmak read in Vett Vues, a Corvette fancier’s magazine, that the Pace Car, a special edition of the Corvette, would soon be manufactured. He was a collector of Corvettes and
Gillispie, a minor, was injured when two bottles of a soft drink exploded. The accident occurred as Gillispie was carrying the bottles to the checkout counter in the defendant’s self-service store.
Paul had type B-negative blood. It is extremely rare. As a consequence, when the blood bank received a request for that type, it called Paul and orally promised to pay him $645 per pint. Paul gave
When Paul returned to complete the delivery of blood, the blood bank refused to pay, yet kept the full pint and resold it to a hospital. Paul then maintained that the blood bank had accepted the
On one visit Paul could only bleed out three quarters of a pint of blood. The blood bank refused to pay anything for what had been donated until Paul could complete the donation of a full pint of
When the economy turned sour and a large number of people sought to sell their blood, the blood bank wrote a term in its contracts that, in order to sell blood to the blood bank, each “donor” had
One day, on his way back from selling his blood, Paul became light headed and crashed his car into a light pole. The car was repairable but the charges for parts and labor totalled more than $2,000.
Paul, a graduate student at the university, repeatedly sold his blood to a blood bank to pay for his tuition and books. Does the law of sales apply to these transactions?
Research how artists, sculptors, architects, composers, and other creative individuals handle contracting when they are commissioned to produce unique goods (portraits, statues, fountains, etc.).
Would it make a difference if Anton had refused Bob’s requests to put the contract in writing and the amount demanded by Anton is twice what Bob and Anton had shaken hands on?
Why is a bill of sale not considered a contract?
Consider the concept of ownership. What rights and duties do you think come with it?
What is the justification for requiring a higher standard of knowledge and conduct from merchants than casual sellers? Would merchants likely agree with such a justification? Why or why not?
Compare the retail sale of 10,000 feet of irrigation pipe from a Farmer’s Supply to a farmer with the commercial sale of that same amount of pipe from a wholesaler to the Farmer’s Supply. Label
Arguably, the law of sales helps facilitate the smooth transfer of goods in commerce. It also provides clear standards that are, in general, uniform from state to state. Why should the governments of
Give specific examples of a barter transaction, a sale for money transaction, and a transaction that combines the two. Identify the advantages and disadvantages of each kind of transaction.
Why should the law of sales be different from the law of contracts?
Thea Ella Curless brought an action for divorce against Timothy Dean Curless. The judgment and decree granted the divorce, awarded custody of the two children, a boy, Trist, age 13, and a girl, Tobi,
Three days before their marriage, Donna Rinvelt and Arnold Rinvelt signed a prenuptial agreement drafted by the latter’s attorney. The document stated that each party would keep all rights in their
James and Anna Nesbit were contemplating divorce. They entered into a property settlement agreement, but James died before the divorce became final. His will provided a greater amount of property for
When they remarried each other, Robert Root owed Nila Root several thousand dollars of unpaid child support from their first marriage. A month and a half after their second marriage ceremony, Nila
More than four years after they were married, George Woy sought an annulment of his marriage to Linda Woy on the basis of fraud. In his petition he alleged that at the time of the marriage ceremony
Antonio and Doris have been married a year when Antonio is injured in a freak chemical accident that leaves him unable to conceive a child. Antonio has sued the negligent parties for his loss. What
Stephanie and Alfred moved to Missouri after 15 years of living in Oklahoma. All during the time they were together in Oklahoma, they held themselves out as husband and wife, lived together, and
Alexandra and Thomas are engaged. Before they marry, Thomas meets Marcia and falls in love with her. He then breaks off his engagement. Alexandra is humiliated by the rejection. Further, she and her
Tom and Juanita are lovers. Several years into their relationship, Juanita has a child by Tom. They do not marry, however. Now, Juanita has broken off their relationship but expects Tom to help pay
Billy and his first cousin, Sally, were raised together as children. They have the same values, go to the same school, have the same friends and are extremely happy together. One day, Billy asks
Write a persuasive opening argument that emphasizes the legal and ethical points in Ben’s favor. Or, write a persuasive opening argument that emphasizes the legal and ethical points in his
Write an essay explaining what you would most like to see changed about our divorce laws.
Imagine that you are engaged to be married. Write a letter to your fiancée stating reasons for or against having a prenuptial agreement.
What is the purpose of breach-of-promise lawsuits?
Why does the government require parental consent for marriages of persons under 18 years old?
What sort of “reasonable force” do parents have at their disposal for enforcing their decisions against their children? Can they refuse to feed them (“go to bed without your supper”), beat
What are the advantages of parental control over when and to whom a child marries?
Cingular Wireless bought out its rival AT&T Wireless in 2004 for some $41 billion. According to court filings, Cingular then launched an aggressive program to halve the broadcast tower rental
Under a written contract, plaintiff Shirley MacLaine Parker agreed to play the female singing-dancing lead in defendant 20th Century- Fox Film Corporation’s planned production of a musical entitled
The Washington Trader was a giant oil tanker owned by the plaintiff, American Trading and Production Corporation. In March 1967, the defendant, Shell International Marine, Ltd., contracted for the
Eugene Plante was a general contractor who built a house for Frank and Carol Jacobs for a contract price of $26,765. The buyers paid $20,000 but refused to pay the balance, claiming that the contract
Development of products to be used in the frontiers of space can be expensive. The process is often saddled with delays, cost overruns, and failures. Research how NASA writes its contracts for the
Horatio opened a checking account at Bridge Bank. Month after month he verified his statement balance to the penny. In December, however, due to buying extra gifts for his sons, Horatio overdrew his
Good contracted to build a house for Stern according to Stern’s plans. After the house was completed, there were several defects that Good refused to fix. Stern then contracted with Madden to do
Hoglund reneged on his promise to sell his car to Elsen. Elsen went to nearby Los Angeles and found the same model with lower mileage, in better condition, and priced $600 below Hoglund’s.
The Conch Oil Company, located at Marathon in the Florida Keys, contracted to sell and to deliver 500 barrels of fuel oil on the first of each month for one year to the Monsoon Mushroom Factory, an
In its defense, Predator notes that its system for paying overdrafts and then debiting accounts for $50 each is totally automated and run by computer. No bank official ever sees the overdrafts. How
Make a list of five things that might be the subject of a contract but where specific performance would not be available. After each item write one sentence which states why this remedy is not
Under what circumstances would an embargo present a legitimate defense to a breach of contract suit?
Write a short contract for the fictitious sale of a car between two of your classmates. Stipulate that the money is to be paid in two weeks and the title is to be delivered in one week. Now for each
What is the difference between a novation and an accord and satisfaction?
Why aren’t claims against the United States government assignable?
Explain how a statute of limitations works.
Describe those situations where specific performance will not be granted.
Tell how to determine whether a right can be assigned.
For safekeeping, Kula deposited $18,300 with the cashier of a Nevada hotel casino and was given a receipt for the money. Kula and a friend, Goldfinger, gambled in the hotel’s casino. (Casino
Franklin Life Insurance Co. issued a policy that named Burne as a beneficiary. The policy provided for double indemnity accidental death benefits because of the death of the insured. The insured had
For a nine-year period, Kiyosi served as a teaching associate and lecturer at Indiana University, Bloomington. Meanwhile, he continued to study and write to qualify for a Ph.D. degree. He relied on
Dixon, a motor vehicle purchaser, sued the Wisconsin Finance Company with which he had entered into an installment contract. He also sued its Illinois sister corporation, alleging that the contract
Blubaugh, a farmer, leased a combine from John Deere Leasing (JDL). The lease document was preprinted on two sides of the paper, but one side was printed in very small, light type and could not be
Research the procedure by which a lawyer may lose her or his license in your state. Call the State Bar Association and obtain statistics about how many lawyers there are in your state and how many
Cornelius, an elderly bachelor, was at the town cafe. In front of several witnesses who will vouch for the story, Cornelius made the following statement to Barbara, a young waitress: “I can’t
Kelley was admitted to University Hospital as an emergency heart transplant patient. The next day, the hospital’s business manager discussed the cost of the surgery with Kelley’s two sons. Both
During the final week of March in Al’s junior year at East High, a recruiter from Granite Inc. offered him a job. “Complete your entire junior and senior years and then, after you get that
Moser had no automobile liability insurance, although state law required it. She negligently collided with Chang’s car. He threatened to inform the police if Moser failed to pay $5,000 for pain and
Trent, a minor, bought a copyrighted CD from Shawn. After making a copy of the disc, Trent found a defect in the CD. He tried to return it to Shawn for a full refund. Shawn suspected the illegal
Did the prosecutor act impartially by giving the organizers of the illegal lottery a way out without being indicted? What would you have done if you were the prosecutor?
Write a dialogue between two people that creates some oral statements which would be admissible and some which would not be admissible for a contract of employment for three years.
Invent a situation involving the sale of a used car. Write a related contract which includes the minimum content required to satisfy the UCC.
List four licenses that are held by people you know. For each license, indicate whether it is a revenue or competency license.
Select a type of local business. Next write three sentences that describe three different illegal agreements that might be entered into by such a business.
Describe how the parol evidence rule affects the court’s evaluation of the facts underlying a contractual dispute by identifying the times when parol evidence can be introduced to clarify a
Name the categories of contracts that are within the Statute of Frauds.
Describe the elements of unconscionability.
Assume the usury limit is 20 percent in your state. What is the annual dollar amount of interest charged on a loan of $1,000 where the interest rate is a legal 20 percent. Compare that with the
Describe the ways courts handle contracts for which a required license is missing.
Kevin Green was 16 years old when he purchased a 1979 Camaro for $4,642.50 from Star Chevrolet. Shortly after the purchase, the car blew a head gasket and couldn’t be driven. Thereafter Kevin
Webster Street Partnership owned real estate in Omaha, Nebraska. It leased an apartment to Matthew Sheridan and Pat Wilwerding for one year at a rental of $250 per month. Although Webster Street did
W. O. Lucy and J. C. Lucy, the plaintiffs, sued A. H. Zehmer and Ida Zehmer, the defendants, to force the Zehmers to transfer the title to the Ferguson Farm to the Lucys for $50,000. The Lucys
Sixteen-year-old Johnny Hays went to Quality Motors, Inc., in Tennessee, to buy a car. When a salesperson asked about his age, Johnny sidestepped the question. The salesperson refused to sell except
Interview people who work in telemarketing, Internet sales, banking, insurance, and like industries to see how they determine if the parties they are dealing with have capacity to contract. Evaluate
Larson was 69 years old and trying to sell his home. He had it appraised, and the estimated value was $300,000. He listed the home with a local real estate broker for $330,000. When Perry offered him
June stopped by a bar on the way home from work and drank three gin and tonics. Then she bought a six-pack of beer at the local grocery store and drank three cans before her husband came home. June
On her sixteenth birthday, Laurisa bought a used computer from Stuart for $100 cash. Laurisa is from a wealthy family and receives an allowance of $200 a week. Six months after buying the computer,
A month after he turned 16, Chris, a resident of Missouri, answered a classified newpaper ad and, after prolonged negotiations, bought a used car from Dowdy. Chris spent $8,500 of the $10,000 in cash
John Eric kept a copy of the letter his father wrote. Thereafter, he subscribed to similar offers from several other clubs, and then cancelled the contracts with the letter. All of the other clubs
Write a one-paragraph description of what you would do to protect your legal interests if dealing with a 90-year-old man who wanted to rent an apartment to you.
Write a one-paragraph summary of the law of capacity as it applies to the intoxicated.
Write a one-paragraph summary of the law of capacity as it applies to minors.
If any of the three purchases in exercise 14 can be ratified, describe the exact conduct you might engage in after achieving majority to constitute ratification.
Identify three things you’ve bought recently that are necessaries and three things that are not.

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