17-3. Daniel is not liable for the debt Rubya defaulted on. The contract did not make Rubya a partner, even those she was given profit sharing and management responsibilities, she did not poses any ownership of the business. Also under UPA 202(c)(3) no presumption of partnership is made since the profits are wages of an employee or for the services of an independent contractor. Not to mention Daniel did not have any knowledge of the credit extended to Rubya.…
d: The following is the reason. The advertisement and website created an express warranty that the trip would include all expenses, three meals a day, and a room with a queen bed.Jones entered into the contract based on a mistake of material fact which the hotel knew to be untrue and under the UCC written disclaimers must be conspicuously displayed to be valid.…
Northwest Brands, Inc., is a small business incorporated in Minnesota. It's one class of stock is owned by twelve members of a single family. Ordinarily, corporate income is taxed at the corporate and shareholder levels. Is there a way for Northwest Brands to avoid this double-income taxation? Explain your answer.…
No, Emerson is not liable. Emerson clearly stated that children should be kept away. In the owner’s…
If a voidable contract is avoided, the promisee, but not the promisor, is released from it. False, both parties are released from it…
Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.…
1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.…
8. Sears, Roebuck and Co promised to give Forrer permanent employment, so he sold his farm at a loss to take the job. But shortly after beginning work, he was discharged by Sears who claimed the contract could be terminated at will. Forrer claimed that the promissory estoppel prevented Sears form terminating the contract. Under promissory estoppel a promisor may be prevented from asserting that their promise is unenforceable because the promise gave no consideration for the promise. This is applicable when the promisor makes a promise that lacks consideration, and intends or should reasonably expect that the promise will rely on the promise and in fact does, and that the enforcement of the promise is the only way to avoid injustice. In this case, promissory estoppel did not prevent Sears from terminating the contract. Generally speaking, a contract for permanent employment that provides no additional considerations (such as something benefitting the employer) for employment amounts to just a general hiring that is terminable at the will of either party. The promise was fulfilled once the relationship between Forrer and Sears was established, and no additional benefit to Sears was provided.…
Yes Carrie should not have sold the encyclopedias to Norvel because, she first offered them to Antonio who asked her if he could think about it and would get back to her tomorrow. She gave a silent approval to wait for his answer. After his leaving Norvel said he would take her offer (which she did not give the offer to him) and Carrie took his money and gave him the encyclopedias. Even though there was not a final…
You are an employee at a nice paper mill and want to impress the boss by burning the midnight oil (but not too close to the wood pulp). For four consecutive weeks, you work forty-five, forty-two, thirty-nine, and thirty-one hours.…
1. To ensure that I, as the vice president of sales, am fully aware of all the facts involved with the complaints being filed by customers, I would engage in the steps of discovery. With the aid of the company’s legal department I would formulate a series of questions, or interrogatories, which would examine the causes of the claims filed by customers with our customer service department. An example of an interrogatory is, “Please furnish the names of all persons known to you that have any involvement in this claim.” Secondly, I would file a “request for production of documents”, this would help to identify any contractual obligations our company had to our customers post sale and whether a vehicle for conflict resolution is identified in the sales contract. Finally I would request our legal department to take the depositions of all parties involved with the claims. I was involved in a similar situation when I complained to the manufacturer of a gaming console that I purchased for my son. I contacted the customer service department of Sony, and complained that my son’s Sony PlayStation’s graphic user interface (GUI) was unresponsive. I was later contacted by the customer service department and asked to complete a series of questions regarding my complaint. Upon completion of the questions Sony replaced my son’s gaming console, and credited my Sony PlayStation account with 50.00 to compensate us for our distress.…
2. A long arm statute permits a court to obtain jurisdiction over an out-of-state defendant.…
Delilah, does not return with wood pulp, but brings back three contracts. Acting within the scope of her authority, she contracted with Evon, who knew your identity at the time; Felipe, who knew that Delilah was acting on behalf of someone but not whom; and Giorgio, who did not know that Delilah was acting on anyone’s behalf. For which contracts, if any, are you liable? For which contracts, if any, is Delilah liable? Explain.…
Nasc Services, Inc v. Jervis 2008 U.S. Dist. LEXIS 40502 (U.S. Dist. Ct. D. N.J. 2008)…
Under the fair use doctrine, copyrighted items can be used for teaching, including distributing multiple copies for class use. Answer (a) is incorrect because although he originally purchased this software for personal use, he may still use it for his class, in which case, the fair use doctrine applies. Answer (b) is incorrect because databases can be copyrighted as derivative works. Answer (c) is incorrect because the use of the computer is not the issue but the fair use doctrine is.…