Question: You do not need to write out the questions. However, you must write out your responses in complete sentences. Please be very thorough and detailed.
You do not need to write out the questions. However, you must write out your responses in complete sentences. Please be very thorough and detailed. This is your opportunity to "show-off" what you learned this week.
Chapter 13:
Question 13-8 Reformation. Dr. John Holm signed a two-year employment agreement with Gateway Anesthesia Associates, PLLC. During negotiations for the agreement, Gateways president, Dr. Jon Nottingham, told Holm that on completion of the contract he would become a partner in the firm and that during the term he would be paid like a partner. The written agreement did not reflect this promisethe con-tract read that Holm would be paid based on net collections for his services and did not state that he would become a partner. Later, Gateway told Holm that it did not intend to make him a partner. Holm filed a complaint in an Arizona state court against Gateway, alleging breach. Before the trial, Holm filed a motion to reform the contract to express what he had been told. Nottingham did not dispute Holms account. What is the basis for the reformation of a contract? Is it appropriate in this case? Why or why not? [Holm v. Gateway Anesthesia Associates, PLLC, 2018 WL 770503 (Ariz. Ct. App. Div. 1 2018)] (See Equitable Remedies for Contract Breach.
Chapter 14:
- Question 14-4 Express Warranties. Charity Bell bought a used Toyota Avalon from Awny Gobran of Gobran Auto Sales, Inc. The odometer showed that the car had been driven 147,000 miles. Bell asked whether it had been in any accidents. Gobran replied that it was in good condition. The parties signed a warranty disclaimer that the vehicle was sold as is. Problems with the car arose the same day as the purchase. Gobran made a few ineffectual attempts to repair it before refusing to do more. Meanwhile, Bell obtained a vehicle history report from Carfax, which showed that the Avalon had been damaged in an accident and that its last reported odometer reading was 237,271. Was the as is disclaimer sufficient to put Bell on notice that the odometer reading could be false and that the car might have been in an accident? Can Gobran avoid any liability that might otherwise be imposed because Bell did not obtain the Carfax report until after she bought the car? Discuss. [Gobran Auto Sales, Inc. v. Bell, 335 Ga.App. 873, 783 S.E.2d 389 (2016)] (See Warranties.)
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