19-2. Specific Performance. In which of the following situations would specific performance be an appropriate remedy? Discuss fully. (See Equitable Remedies.) a. Thompson contracts to sell her house and lot to Cousteau. Then, on finding another buyer willing to pay a higher purchase price, she refuses to deed the property to Cousteau. b. Amy contracts to sing and dance in Fred's nightclub for one month, beginning May 1. She then refuses to perform. C. d. Hoffman contracts to purchase a rare coin owned by Erikson, who is breaking up his coin collection. At the last minute, Erikson decides to keep his coin collection intact and refuses to deliver the coin to Hoffman. ABC Corp. has three shareholders: Panozzo, who owns 48 percent of the stock; Chang, who owns another 48 percent; and Ryan, who owns 4 percent. Ryan contracts to sell her 4 percent to Chang. Later, Ryan refuses to transfer the shares to Chang.
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- Maranda says that she is fed up with the way a certain employer in Kennesaw treats employees and that she is going to sue that employer in an effort to improve matters. Although she is not a lawyer, Maranda believes that the offenses of the employer are so severe that a court will appreciate her attempt to make things better for the employees involved. Can Maranda act as plaintiff for the employees? Yes, so long as they file no objection Yes, so long as she gets permission slips from them No because venue is lacking No because she lacks standing Yes, so long as she gives any money he receives to themQ1. To prevail in an action brought under common law, the plaintiff must show all of the following except: (in your response, explain the burdens of proof for a third-party plaintiff under common law). Q2. Kerry CPA is the auditor for Sammy Corp. During the audit, Kerry discovers a material misstatement in Sammy's financial statements. Sammy's management tells Kerry that if the misstatement is corrected or if Kerry issues an opinion that indicates there is a material misstatement, Sammy Corp. will likely have to declare bankruptcy and thousands of employees will lose their jobs. Which of the following statements is true if the misstatement is not corrected and Kerry issues an unqualified opinion on Sammy's financial statements? (in your response, identify the court case that makes Kerry liable to any person who suffered a loss as a result of the fraud).Facts: Mr. Johnson owns a 600-acre woodlot in Ohio. The trees in his woodlot are old-growth hardwood and much in demand by woodcarvers. When he gets an order for wood, he cuts down the appropriate trees and trims them to the woodcarver's specifications. The woodcarver requesting the wood will make the arrangements for picking up the wood. Recently Mr. Johnson took on an apprentice, who after a year of learning the craft will leave and may or may not go into the same business. The apprentice is a computer geek desirous of a change of pace and lifestyle and works for free since he had made a substantial amount in the stock market. Recently Mr. Johnson's friend came to visit and suggested that he is subject to OSHA. Question to be Answered: Is Mr. Johnson's business subject to OSHA law and regulations concerning the apprentice?
- Dowdy Soil Service agrees to test and excavate a growing field for Bundren Plant Emporium. When Dowdy runs into the types of difficulties that contractors ordinarily confront, Bundren agrees to pay extra compensation to overcome them. Regarding the agreement to pay more, a court would likely Onot get involved. Oorder the parties to renegotiate it. O not enforce it. enforce it.Subject - account Please help me. Thankyou.Which of the following health policy provisions states that the producer does NOT have the authority to change the policy or wave any of its provisions? O A Time Limit on Certain Defenses OB. OC OD. Reinstatement Entire Contract Change of Beneficiary MM QUATE Ahiler 372-256-906
- Anticipatory Repudiation. Moore contracted inwriting to sell her 2017 Hyundai Santa Fe to Hammer for$18,500. Moore agreed to deliver the car on Wednesday, andHammer promised to pay the $18,500 on the following Friday. On Tuesday, Hammer informed Moore that he wouldnot be buying the car after all. By Friday, Hammer hadchanged his mind again and tendered $18,500 to Moore.Moore, although she had not sold the car to another party,refused the tender and refused to deliver. Hammer claimedthat Moore had breached their contract. Moore contendedthat Hammer’s repudiation released her from her duty toperform under the contract. Who is correct, and why? (SeePerformance and Breach of Sales and Lease Contracts.)A minor enters into a contract for the purchase of certain necessaries , in such case Question 8Answer a. he is liable to pay b. his guardian is liable to pay. c. he is not personally liable to pay d. his estate is liable to pay1. Life Company processes information furnished by others to transfer title to real estate from a seller to a buyer. In performing this task for a sale of land from Eren to Armin, the furnished information is mistaken. The contract between Eren and Armin that includes the mistake may be rescinded if the mistake concerns a. a detail on which the parties had a true “meeting of the minds.” b. a fact that is important and central to the contract. c. a third party, such as County Title. d. a term in the contract subject to only one reasonable interpretation.
- Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…Taking Sides Stuart Studio, an art studio, prepared a new catalog for the National School of Heavy Equipment, a school run by Gilbert and Donald Shaw. When the artwork was virtually finished, Gilbert Shaw requested Stuart Studio to purchase and supervise the printing of twenty-five thousand catalogs. Shaw told the art studio that payment of the printing costs would be made within ten days after billing and that if the "National School would not pay the full total, he would stand good for the entire bill." Shaw was chairman of the board of directors of the school, and he owned 100 percent of its voting stock and 49 percent of its nonvoting stock. The school became bankrupt, and Stuart Studio was unable to recover the sum from the school. Stuart Studio then brought an action against Shaw on the basis of his promise to pay the bill. a. What are the arguments that Shaw is not liable on his promise? b. What are the arguments that Shaw is liable on his promise? C. Is Shaw obligated…14. A contracts with B to mow his lawn and rake up fallen leaves. If A and B agree that B will fertilize his flowers instead of raking to satisfy B's contractual obligations; this is called: a) a Novation. b) an Accord. c) mitigating damages. d) substantial performance.