Business Scenarios and Case Problems

$13-1.$ Preexisting Duty. Tabor is a buyer of file cabinets manufactured by Martin. Martin's contract with Tabor calls for delivery of fifty file cabinets at $$40$ per cabinet in five equal installments. After delivery of two installments $($twenty cabinets$),$ Martin informs Tabor that because of inflation, Martin is losing money. Martin will promise to deliver the remaining thirty cabinets only if Tabor will pay $$50$ per cabinet. Tabor agrees in writing to do so$.$ Discuss whether Martin can legally collect the additional $$100$ on delivery to Tabor of the next installment of ten cabinets. $($See Agreements That Lack Consideration.$)$

$13-2.$ Consideration. Daniel, a recent college graduate, is on his way home for the Christmas holidays from his new job. He is caught in a snowstorm and is taken in by an elderly couple, who provide him with food and shelter. After the snowplows have cleared the road, Daniel proceeds home. Daniel's father, Fred, is most apprecinciye of the elderly couple's action and promises to pay thern ${}^{}510.$ The elderly couple, in need of funds, accept Fred's offer. 'Son. Scrause of a dispute between Daniel and Fred, Fred $t-$fted to may the eiderly couple the $$500.$ Discuss whether the wlic can hold Fred liable in contract for the services rend dond ba Oaniei. $($Sec Agreements That Lack Consideration.$)$ blueberries. Maine Wild Gese $Co.$ agreed to buy all of Merrick's crop under a cowizus thac lert the price unliquidated. Merrick delivers$-$d che kities, but a dispute arose over the price. Maine Wild seac Alenicis a beck with a letter stating that the check was the "frid serciement." Merrick cashed the check but filed a suit for breach of contract, claiming that he was owed more. What will the court likely decide in this case? Why? $($See Settlement of Claims.$)$

$13-4.$ Rescission. Farrokh and Scheherezade Sharabianlou signed a purchase agreement to buy a building owned by Berenstein Associates for $$2$ million. They deposited $$115,000$ toward the purchase. Before the deal closed, an environmental assessment of the property indicated the presence of chemicals used in dry cleaning. This substantially reduced the property's value. Do the Sharabianlous have a good argument for the return of their deposit and rescission of the contract? Explain your answer. $[$Sharabianlou v$.$ Karp, $181$ Cal.App$\mathrm{.}4$th $1133,105$ Cal.Rptr$\mathrm{.}3$d $300(1$st Dist. $2010)]($See Agreements That Lack Consideration.$)$

$13-5.$ Statute of Limitations. Leonard Kranzler loaned Lewis Saltzman $$100,000.$ Saltzman made fifteen payments on the loan, but this did not repay the entire amount. More than ten years after the date of the loan, but less than two years after the date of the last payment, Kranzler filed a suit against Saltzman to recover the outstanding balance. Saltzman claimed that the suit was barred by a ten$-$year statute of limitations$.$ Does Kranzler need to prove a new promise with new consideration to collect the unpaid debt? Explain. $[$Kranzler v$.$ Saltzman, $407$ Ill.App$\mathrm{.}3$d $24,942$ N$.$E$\mathrm{.}2$d $722(1$ Dist. $2011)]($See Exceptions to the Consideration Requirement.$)$

$13-6.$ Spotlight on the Kansas City Chiefs$-$Consideration. On Brenda Sniezek's first day of work for the Kansas City Chiefs Football Club, she signed a document that purported to compel arbitration of any disputes that she might have with the Chiefs. In the document, Sniezek agreed to comply at all times with and be bound by the constitution and bylaws of the National Football League $($NFL$).$ She agreed to refer all disputes to the NFL Commissioner for a binding decision. On the Commissioner's decision, she agreed to release the Chiefs and others from any related claims. Nowhere in