Question: please help with below questions using textbook cite source style apa Business Law: Principles for Today's Commercial Environment - 5TH 17 by: David Twomey A

please help with below questions using textbook cite source style apa

Business Law: Principles for Today's Commercial Environment - 5TH 17 by: David Twomey

  1. A brief restatement of the legal question posedusually a sentence or two that focus on the specific legal issue in this case, without reference to extraneous facts or information.
  2. A statement of the applicable law or rule that should be applied to the facts in this case. This will be taken from the text, and will not consist of a personal opinion or ethical reaction, but rather be a statement (usually only one or two sentences) that summarizes the rule of law that you will apply to come to a correct answer. You should not restate the law in its entirety, but instead summarize the appropriate law into a short explanation of the ruling principle in this case.
  3. Finally, a clear statement that explains how you applied the applicable law to these facts to reach a specific conclusion. This will be usually be a few sentences culminating in an answer to the specific question posed in the text. This portion of your answer should demonstrate original thinking and reasoning, and result in a definite conclusion.
  4. All these elements are really needed should probably require, but not be longer than 6 sentences. Remember that a "gut" feeling, or an answer that tells me what you think is "right" is not enough in a course that emphasizes the accuracy of application and the importance of making a persuasive argument that explains that application. Remember IRAC (Issue, Rule, Analysis, Conclusion).

Questions and Case Problems

chapter 20

ch. 20, questions 4, 10, 11

4. Ruth and Stella were sisters. They owned a house as joint tenants with right of survivorship. Ruth sold her half interest to Roy. Thereafter, Stella died, and Roy claimed the entire property by survivorship. Was he entitled to it?

10. Schroeder parked his car in a parking lot operated by Allright, Inc. On the parking stub given him was printed in large, heavy type that the lot closed at 6:00 p.m. Under this information, printed in smaller, lighter type, was a provision limiting the liability of Allright for theft or loss. A large sign at the lot stated that after 6:00 p.m. patrons could obtain their car keys at another location. Schroeder's car was stolen from the lot sometime after the 6:00 p.m. closing, and he sued Allright for damages. Allright defended on the basis of the limitation-of-liability provision contained in the parking stub and the notice given Schroeder that the lot closed at 6:00 p.m. Decide. [Allright, Inc. v. Schroeder, 551 S.W.2d 745 (Tex. Civ. App.)]

11. John Hayes and Lynn Magosian, auditors for a public accounting firm, went to lunch at the Bay View Restaurant in San Francisco. John left his raincoat with a coatroom attendant, but Lynn took her new raincoat with her to the dining room, where she hung it on a coat hook near her booth. When leaving the restaurant, Lynn discovered that someone had taken her raincoat. When John sought to claim his raincoat at the coatroom, it could not be found. The attendant advised that it might have been taken while he was on his break. John and Lynn sued the restaurant, claiming that the restaurant was a bailee of the raincoats and had a duty to return them. Are both John and Lynn correct? ch. 21, questions 8, 9, 11

8. Richard Schewe and others placed personal property in a building occupied by Winnebago County Fair Association, Inc. Prior to placing their property in the building, they signed a "Storage Rental Agreement" prepared by the County Fair Association, which stated: "No liability exists for damage or loss to the stored equipment from the perils of fire...." The property was destroyed by fire. Suit was brought against the County Fair Association to recover damages for the losses on the theory of negligence of a warehouse. The County Fair Association claimed that the language in the storage agreement relieved it of all liability. Decide. [Allstate Ins. Co. v. Winnebago County Fair Ass'n, Inc., 475 N.E.2d 230 (Ill. App.)]

9. Buffett sent a violin to Strotokowsky by International Parcel Service (IPS), a common carrier. Buffett declared the value of the parcel at $500 on the pick-up receipt given him by the IPS driver. The receipt also stated: "Unless a greater value is declared in writing on this receipt, the shipper hereby declares and agrees that the released value of each package covered by this receipt is $100.00, which is a reasonable value under the circumstance surrounding the transportation." When Strotokowsky did not receive the parcel, Buffett sued IPS for the full retail value of the violin$2,000. IPS's defense was that it was liable for just $100. Decide.

11. Garrett and his wife checked into the St. Louis Airport North Holiday Inn on March 29, taking advantage of the hotel's "Park and Fly" package, which provided one night of lodging to individuals, provided a shuttle service to Lambert International Airport, and allowed individuals to keep a vehicle on the hotel's parking lot for up to two weeks. When the Garretts returned from their vacation on April 17, they discovered that their vehicle was stolen. They sued the hotel, contending that a special relationship of an innkeeper and guest was created by the "Park and Fly" marketing package, and that the hotel's knowledge of criminal activity on its parking lot created a duty to warn the Garretts, which it failed to do. What status did the Garretts have with the hotel regarding the protection of their vehicle after boarding the plane on their vacation trip? Was there a bailment of the vehicle under the "Park and Fly" marketing package? [ Garrett v. IMPAC Hotels Inc., 87 S.W.3d 870 (Mo. App.)] ch. 22, questions 2, 11

2. R-P Packaging manufactured cellophane wrapping material that was used by Kern's Bakery in packaging its product. Kern's decided to change its system for packaging cookies from a tied bread bag to a tray covered with printed cellophane wrapping. R-P took measurements to determine the appropriate size for the cellophane wrapping and designed the artwork to be printed on the wrapping. After agreeing that the artwork was satisfactory, Kern placed a verbal order for the cellophane at a total cost of $13,000. When the printed wrapping material was received, Kern complained that it was too short for the trays and that the art work was not centered. The material, however, conformed exactly to the order placed by Kern. Kern returned the material to R-P by overnight express. R-P sued Kern. Kern claimed that because there was no written contract, the suit was barred by the statute of frauds. What result? [Flowers Baking Co. v. R-P Packaging, Inc., 329 S.E.2d 462 (Va.)]

11. Richard, a retailer of video equipment, telephoned Craft Appliances and ordered a $1,000 videotape recorder for his business. Craft accepted Richard's order and sent him a copy of the purchase memorandum that stated the price, quantity, and model ordered and that was stamped "order accepted by Craft." Richard, however, did not sign or return the purchase memorandum and refused to accept delivery of the recorder when Craft delivered it to him three weeks later. Craft sued Richard, who raised the statute of frauds as a defense. Will Richard prevail? Why or why not?

ch. 23, questions 1, 6

1. Schock, the buyer, negotiated to purchase a mobile home that was owned by and located on the sellers' property. On April 15, 1985, Schock appeared at the Ronderos' (the sellers') home and paid them the agreed-on purchase price of $3,900. Shock received a bill of sale and an assurance from the Ronderos that the title certificate to the mobile home would be delivered soon. Also on April 15 and with the permission of the sellers, Schock prepared the mobile home for removal. His preparations included the removal of skirting around the mobile home's foundation, the tie-downs, and the foundation blocks, leaving the mobile home to rest on the wheels of its chassis. Schock intended to remove the mobile home from the Ronderos' property a week later, and the Ronderos had no objection to having the mobile home remain on their premises until that time. Two days later, the mobile home was destroyed by high winds as it sat on the Ronderos' property. Schock received a clear certificate of title to the mobile home in the mail. Thereafter, Schock sued the Ronderos for return of his money on the ground that when the mobile home was destroyed, the risk of loss remained with the Ronderos. Who should win the lawsuit? [Schock v. Ronderos, 394 N.W.2d 697 (N.D.)]

6. Using a bad check, B purchased a used automobile from a dealer. B then took the automobile to an auction at which the automobile was sold to a party who had no knowledge of its history. When B's check was dishonored, the dealer brought suit against the party who purchased the automobile at the auction. Was the dealer entitled to reclaim the automobile? [Greater Louisville Auto Auction, Inc. v. Ogle Buick, Inc., 387 S.W.2d 17 (Ky.)]

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