BM Final Part 1

April 5, 2018 | Author: Anonymous | Category: Documents
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Julia decides not to dump her used motor oil in the creek that runs behind her garage since that would damage individuals who live downstream and upset the peace and harmony in which she has lived with these neighbors. Name and explain the ethical system Julia has used to make this decision? A state law restricts the sulfur dioxide emissions from electric generation plants more severely than those of the federal Clean Air Act. Must an electric generation plant obey the state law or may it follow the federal statute? ill, a resident of Iowa, suffers $20,000 in damages to her parked car when it is hit by a BIG Corporation truck in Illinois where Jill is visiting her aunt. BIG Corp is incorporated in Delaware. In what court may her suit be filed? The police have DNA and fingerprint evidence to connect Amy to a particular crime of murder, but they have found no evidence whatsoever of any motive for Amy to kill the victim. Does the lack of a motive prevent a conviction? As a prank, Amanda rigs a bucket of water over Leslie's front door so that Leslie will be soaked when she opens the door to go to work on Monday morning. Can Leslie successfully sue Amanda for the prank? Shannon offered a $50 reward for the return of a Lost kitten. When Mark found the kitten and returned it to Shannon, she refused to give him the reward because he had not promised to find the kitten before he went looking for it. Must Shannon pay the reward? Explain. Joseph offered to sell Chelsea his bicycle for $100. Chelsea asked if the bicycle sale included an extra tire. Joseph said there was no extra tire. Chelsea then agree to pay $100 for the bicycle, but Joseph refused to sell stating that he now wanted $125 for the bicycle and that Chelsea had made a counteroffer when she mentioned an extra tire. Discuss whether or not Joseph may insist on receiving $125 for the bicycle. Farley used cardboard and putty to cover the holes in the bottom of a rowboat. He then sold the boat to Usalis. When Usalis took the boat out on the lake, it floated for about 30 minutes and then sank. On inspection, Usalis discovered the clever cover-up perpertrated by Farley. Usalis now wants to rescind the contract. Farley argues that there was no fraud in this case because he had made no oral statements about the nature of the holes in the bottom of the boat. Was Farley correct? Explain. Susan, aged 16, owns a rare violin. Eric knows Susan is 16 and contracts with Susan that she will sell him the violin for $1,000 with delivery to take place when Susan is an adult. When Susan seeks to disaffirm this contract, Erin asserts that since delivery is to occur after Susan becomes an adult, she may not disaffirm. Is Eric correct? Explain. Teller agreed to buy a stolen piano from Luthor, but failed to live up to his part of the deal. Does Luthor have a legitimate cause of action against Teller? Explain. Predator Finance Co. is found guilty of usury. Explain what is likely penalties Predator faces? In June, the Daniels contracted with Twining to build a stone path leading from the road to their vacation home. They asked him to complete the job within 11 months. Explain whether Twining and the Daniels must enter into a written agreeement for such a contract to be enforceable? Martin entered into a written contract to sell Anna his football card collection for $10,000 payable in five installments. Martin then orally told Cathy she could collect the proceeds of his sale. Discuss Cathy's legal rights. General Grain Co., contracts to export 800,000 bushels of grain to the country of Neverland. The President orders an embargo of grain exports to Neverland because of its human rights violations. What is the legal status of the grain contract? Greengrow Produce Co., contracted with Stalker for 15 tons of spinach to be grown on Stalker's farm. At the time of their agreement, the spinach had not been planted. Was this a sale? Why or why not Warren left her watch to be cleaned at a jewelry store. By mistake, a clerk sold the watch to Foley in the ordinary course of business. Foley did not know that the watch rightfully belonged to Warren. Must Foley return the watch to Warren? Explain. After purchasing a camcorder from a camera store, Wu discovered that its zoom did not work. Since Wu was primarily interested in taking long-range footage, he did not inform the store of the defect. Several months later, after he had filmed numerous hours of tape, he took the camcorder back to the store, explained the defect and asked that the camcorder be replaced. Explain whether Wu had any legal recourse against the store. Tang went into a bicycle shop to purchase a bike rack. He asked the salesperson for help in picking out a rack that would fit his bike. While the salesperson was helping another customer, Tang went ahead and chose one he wanted. The salesperson then told Tang that the reack was a good one. After Tang put the rack on his bike, it did not fit properly and damaged his gear shift. Explain whether Tang can rightfully claim that the salesperson committed a breach of warranty of fitness for a particular purpose. Tang went into a bicycle shop to purchase a bike rack. He asked the salesperson for help in picking out a rack that would fit his bike. While the salesperson was helping another customer, Tang went ahead and chose one he wanted. The salesperson then told Tang that the reack was a good one. After Tang put the rack on his bike, it did not fit properly and damaged his gear shift. Explain whether Tang can rightfully claim that the salesperson committed a breach of warranty of fitness for a particular purpose. MacLean went to an appliance store to buy an advertised camcorder. The salesperson discouraged him from buying the advertised product, saying that it was of very poor quality. The salesperson tried to talk MacLean into buying a more expensive camcorder of better quality. Did the salesperson violate the law? Explain. Anna finds a ring on the sink ledge of a restroom for use by customers of Red Barn Restaurant. Discuss who has legal custody of the ring. • The finder of lost property has a legal responsibility, usually fixed by statute, to make an effort to learn the identity of the owner and return the property to that person • Abandoned property • property that has been discarded by the owner without the intent to reclaim ownership of it. The law of finds gives ownership to the finder if all of the following apply: (a) the property is abandoned, (b) the finder intends to acquire the property (c) the finder has possession of the property Foley loaned Mancuso a pair of binoculars to use while attending a baseball game. The binoculars were stolen when Mancuso left them on a vacant seat when he went to buy refreshments. Was Mancuso liable for damages for the loss? Why or why not? Donald wants to lease space from Jane that is located next to the highway in order to sell flags and other merchandise. Jane is willing to provide a license only. Discuss what risk Donald takes if he only has a license? Gracie was a single mother of ten children, of whom three were adopted and two were stepchildren. One day, Gracie was struck by a car and killed. She died intestate. Will all her children inherit from her? Explain. Waldo, the landlord, wrongfully withholds a $200 security deposit from Delen, the tenant. Discuss the legal remedies available to Delen. Ruben promises to pay Talana $200 if she will steal Jessica's business law textbook. Ruben is angry at Jessica because she laughed at his new tattoo. Talana steals the business law book but Ruben, who has calmed down, refuses to pay Talana. Discuss whether or not Ruben must pay Talana.


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