Fall 2023 -150 Law- Homework 88888

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New York University *

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150

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Law

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Jan 9, 2024

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Business Law 150 Homework #8 1. Paul made a written contract with Judy. The contract covered the sale of 1 acre of real estate. Before the contract was signed it was agreed that Judy would reconvey a 20-foot strip of land to Paul. This was done because it would be easier for Judy to receive a building permit without having to explain why the 20-foot strip wasn’t conveyed. Afterwards, Judy refuses to give the strip to Paul. Who gets ownership of the strip/ Why? If the agreement to reconvey the 20-foot strip of land was clearly stated in the contract then Paul would get ownership of the strip. However, seeing that this was most likely not a part of the contract, it is possible that Judy could get ownership. This is so because Paul would have a hard time proving that see agreed to this seeing that it might a been a verbal agreement and usually these agreements are hard to prove if there is not witnesses or documentation to support his claim. If Paul can somehow prove that she agreed to this before the contract was signed then he can get ownership of the strip, if not, it is likely that it will go to Judy. 2. Harry made an oral contract with Joe’s garage to work as the manager of the garage for the next two years. Joe wrote Harry a letter stating all of the terms of the oral contract and signed the letter. Joe refuses to honor the agreement so Harry sues for breach of contract. Joe contends that their agreement can’t be enforced because it was a two-year contract and had to be in writing under the Statute of Frauds. Who wins the suit? Why? If Harry and Joe's oral contract falls within the category that requires a written agreement under the Statute of Frauds, and there is no written contract, Joe may would win the case, However, the written document harry wrote serves as evidence of the terms of the agreement. Therefore harry would win because joe agreed to the oral contact and the document was used as a way to comadate the agreement, making their deal official. Also since the letter includes the essential terms of the two-year employment contract, it might be considered a sufficient writing to satisfy the Statute of Frauds putting the odds more in henrys favor. 3. If a contract was found to be ambiguous, would you rather be the person who wrote the contract or the person who received the contract? I would prefer to be the person who didn’t write the contact because then I could argue that the contracts unclear and the court would most likely interpret in a way the that could help me win the case.
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