LEX 150 pg 70-71 Questions 2 3 7 77a
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Feb 20, 2024
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Page 70 through 71 space questions 2 3 7 LEX 150 2) what are the elements required to prove fraud? Can breach of contract itself ever constitute fraud? For example, Acme agrees to deliver items to Baker on a specified date. Acme does not deliver the items on that date and notifies Baker that it will not deliver the items. What facts would Baker have to prove to succeed with a fraud claim? To prove that fraud has occurred,
it requires consideration of several factors. Different elements can be put in place. Poor fact representation, falsity of the action, materiality of the fraud and the knowledge that presenters have in relation to ignorance of different truth and falsity. The focus proves to be used if the false
representation of certain facts, this false statement will result in an accusation of fraud. In the concept, Acme will be accused of fraud due to misrepresentation of a fact about the delivery. To prove fraud, several elements need to be established. These elements include
: #1 False representation
: There must be a false statement or representation of facts made by the party accused of fraud. In the given scenario, Acme’s failure to deliver the items on the specified date can be considered a false representation
. #2 Knowledge of falsity
: The party making false representation must have knowledge of its falsity. In this case, Acme notification to Baker that it will not deliver the items indicates that Acme had knowledge of the falsity of their earlier representation. #3 Intent to deceive
: The party accused of fraud must have intended to deceive the other party, Acme's failure to deliver the items as promised and their notification to Baker can
be seen as an intent to deceive. #4 Reliance
: The party claiming fraud must have reasonably relied on the false representation in this scenario, Baker relied on Acme's promise to deliver the items on the specified date. #
5 Damages
: The party claiming fraud must have suffered some form of harm or damages as a result of the false representation. In this case, Baker may have incurred losses or damages due to Acme's failure to deliver the items as promised. It is important to note that breach of contract itself does not automatically constitute fraud. However, if the breach involves false representations or other elements of fraud, then it can be considered as fraud in this scenario, Acme's failure to deliver the items on this specified date, coupled with their false representation, could potentially constitute fraud.
3) which members of society are most vulnerable to undo influence? Identify several relationships that might be considered fiduciary relationships. In society, Undue influence occurs
mostly in youths, occurs when one or A number of youths are capable to persuade and convince another group in matters related to their decision. It occurs due to the intimate relationship between them. A fiduciary relationship where one of the parties puts trust, reliance and quality confidence on something due to influence of someone or another party. For example: Undo influence refers to situations where one person exerts pressure or manipulates another person to make decisions that are not in their best interest. In our recent society, youths are often vulnerable to undo influence. This is because they may be easily persuaded or convinced by their
peers or others in matters related to their decisions. Fiduciary relationships, on the other hand, our relationships where one party places trust, reliance, and complete confidence in another
party. In these relationships, the party with the fiduciary duty is expected to act In the best interest of the other party and avoid any conflicts of interest. Examples of fiduciary relationships include: #1 Attorney-client relationship
: An attorney has a fiduciary duty to act in the best interest of their client and maintain confidentiality. #2 Doctor-patient relationship
: A doctor has
a fiduciary duty to provide the best medical advice and treatment to their patients
. #3 Trustee-
beneficiary relationship
: A trustee has a fiduciary duty to manage and protect the assets of the beneficiary. #4 Guardian-ward relationship
: A guardian has a fiduciary duty to act in the best interest of the ward, who may be a minor or incapacitated person.
7) discuss the legal implications of the following: Laurie, a beautician at Justin’s, has a large client base. She is very talented and hopes to open her own shop when she saves enough money. For now, she is a content employee, paying off a student loan and charge account balances. One day, with no warning Justin hands Laurie a contract. It recites her current terms of employment with one difference. The contract contains a statement that Laurie agrees not to open her own beauty shop or work for a competing shop within a 50-mile radius for a period of two years after leaving Justin's for any reason. Laurie does not want to sign the agreement. Justin
says that Laurie must sign it right now or else she will be fired and must leave immediately without access to her client records. The legal implications of this situation involve employment law and contract law, specifically the enforceability of non-compete agreements and the doctrine of duress. If Laurie signs the contract under the threat of immediate termination, the contract may be voidable due to duress. Furthermore, the non-compete clause may be unenforceable if it is deemed unreasonable in terms of duration, geographic scope, or the nature of the restriction. In contract law, a contract signed under duress, which is undue pressure or coercion, may be voidable by the party who was
pressured into the agreement. In this case, Justin is threatening Laurie with immediate termination and loss of access to her client records if she does not sign the contract. This could potentially be seen as duress. In terms of employment law, non-compete agreements are generally enforceable if they are reasonable and necessary to protect legitimate business interests. However, the reasonableness of a non-compete agreement is determined by its duration, geographic scope, and the nature of the restriction. A two-year restriction within 50-
mile radius may be deemed unreasonable depending on the circumstances, such as the local market for beauticians and the nature of Laurie’s work. If the court finds the non-compete clause to be unreasonable, it may not enforce it. Furthermore, the fact that Lori is being asked to sign this agreement after she has already been employed could also impact the enforceability of the agreement. In many jurisdictions, continued employment is not considered sufficient consideration for a non-compete agreement, meaning the agreement could be unenforceable for lack of consideration. Finally, Justin’s the right to deny Laurie's access to her client records could
potentially raise additional legal issues, depending on the jurisdiction and the specifics of the situation. For example, if Laurie has a legal right to those records Justin’s threat could constitute
wrongful termination or another violation of employment law.
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