Fall 2023 -Law 150 Homework 11111
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New York University *
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Law
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Jan 9, 2024
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Business Law 150
Homework #11
1.
Alice and Bernice are sisters. They shared the ownership of a boat as joint tenants with rights of
survivorship. Alice sold her interest to Morris. Bernice passed away and Morris claims the
property is now his. Is Morris correct? Why or why not?
No he is not. In this case Since Bernice passed away, her share of the boat would automatically
go to Alice, and Morris would not have any valid claim to the property based on the sale of
Alice's interest. The rights of survivorship takes effect, and Morris would not acquire any
ownership rights through the sale from Alice.
2.
Acme Furniture Repair Co. agreed to reupholster Daisy’s couch. After the work was completed,
the couch was ruined due to a terrible rainstorm because Acme’s roof leaked. Acme was aware
that its roof leaked, but this storm was worse than previous rainfalls.
Daisy sues for damages to
the couch and Acme sues Daisy for payment for the services rendered. Who wins the lawsuits?
Why?
I think daisy would win because Acme had a duty to perform the upholstery work with
care, and
if the damage resulted from a leaky roof that Acme was aware of but did not address, Daisy
could argue that Acme was negligent in performing the services. Acme could argue that the
damages was cased by an unforeseeable circumstance but seeing it happen in their care
although they completed the task, I think the court would rule in daisy’s favor.
3.
On June 1, Gun Co. a manufacturer of guns had a farewell dinner to its CEO upon her retirement.
At the dinner they gave her a gun as a gift in appreciation of the work she had done in the past.
The company said that they would upgrade the gun with a fancy handle inlaid with precious
stones. The CEO gave the gun back so they could upgrade it. The company found out that the
CEO lied about some of her accomplishments, so they refused to upgrade the gun and refused to
give it back to her. The CEO sues for the return of the gun. Who wins the lawsuit? Why?
I think The CEO would win. If the gun was given to the CEO as an unconditional gift, meaning
that it was freely given without anything conditions attached, the CEO may have a stronger claim
to ownership. In this case, seeing that they aggreged to upgrade it and then return it, the
company might not have the right to reclaim it.
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