[36] Colonel Buck Shot, a famous horse trader, purchased a Clodsdale horse by giving the seller, Nan Natty, a worthless check. Buck immediately sold the horse to Bud Wiser. Which of the following statements is true? A. Nan can rescind the sale and reclaim her horse. OD. If Nan recovers her horse, she will be required to pay Buck and Bud for the horse feed during the subject period. B. The outcome of a dispute would not be affected by whether Buck stole the horse from Nan or obtained it by fraud. C. Bud will prevail over Nan if he is an innocent purchaser for value.
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- 1. Happy Farms, Inc. ordered 1,000 gallons of a specialty pesticide, âBerry Good,â for its berry crop. The total price of the order was $15,000. Happy Farms paid $5,000 up front and promised to pay the balance upon delivery. JA changed the order to a newer product âVery Berry Goodâ without notice to or consents from Happy Farms. Upon delivery, the head farmer at Happy Farms, Allison Kagan, noted that the product was not the same as she ordered. Later that afternoon, Kagan notified JA that the pesticide was not what she had ordered and refused to pay the balance on the shipment. Happy Farms held the boxes of pesticide, but, to date, JA has not retrieved them. What are JAâs legal options in this situation? 2. Martin Rupe worked as the manager of one of JAâs retail outlets. A customer came in and offered to buy all remaining âBerry Goodâ pesticide for…Broker Juanita is in a single agent relationship with Seller Mike when one of Juanita's sponsored sales associates brings a buyer to the transaction. Select the statement that indicates what Juanita will need to do with respect to her relationship with Seller Mike if the buyer remains in a transaction broker relationship with the sponsored sales associate. No further actions are needed with respect to Mike's relationship. move Mike to a transaction broker relationship by having him sign a consent to transaction disclosure notice move Mike to a transaction broker relationship without informing himBryson is the owner of a deferred annuity. His son, Calvin, is the annuitant, and his daughter, Isabelle, is the beneficiary. Which parties to this annuity can select the type and timing of annuitized income payments?(Search Chapter 3) a. Bryson b. Calvin c. Isabelle d. Bryson, Calvin, or Isabelle
- Give typing answer with explanation and conclusion Patricia has a contract with Sandy for personal services. Sandy breaches the contract and Patricia sues. The judge rules that Patricia’s contract with Sandy is unenforceable due to it being “Unconscionable.” What does that mean?Bill was appointed by Melinda to buy a painting at not more than $1 million. Bill eventually bought the painting for $1.2 million. Melinda wished to ratify Bill's act. Which of the following statements is CORRECT? Melinda could ratify if she did so soon after Bill's unauthorised act. Melinda could not ratify because Bill disobeyed her instructions. Bill had actual authority since he was appointed by Melinda to buy the painting. Melinda could still sue Bill for the price difference after ratifying his unauthorised act.The statute of limitations in Texas is a.four years for a written contract. b.four years for an oral contract for a 6-month lease. c.four years for all contracts for the sale or lease of real property in Texas. d.six years for a written contract.
- A co-worker of Illinois licensee Mona shared a client’s confidential information with her and asked Mona not to tell anyone. Instead of keeping it to herself, Mona gave the information to another licensee. Which statutory duty has been breached? Adhere to the brokerage agreement’s terms Employ reasonable skill and care in performing brokerage services for the client Keep all confidential information provided by the client confidential Serve the client’s best interestsneed help asapPls help ASAPon both pls
- It is assumed that a drawer or maker will recognize his or her own signature and that a maker or an acceptor will recognize whether an instrument has been materially altered. Therefore, with respect to any of these parties who in good faith accepts an instrument, in terms of presentment warranties, a. all of them apply. b. none of them apply. c. only the warranties that the instrument has not been altered and that the person obtaining acceptance has no knowledge of an unauthorized signature apply. d. only the warranty that the person obtaining acceptance is entitled to enforce the instrument applies.A man named Bob Smith believes that he is Santa Claus (who delivers presents to all the children around the world on Christmas Eve). In fact, he is not Santa, but he has believed this for many years. He signs his name "Santa." He signs many contracts as "Santa," and he refers to his wife as "Mrs. Claus" even though her name is actually Betty Smith. She puts up with it, because he really does believe he is Santa, and because she loves him and because his wages from his job at Hasbro toys pays the bills. One day he enters a contract with your company to hire you to build him a gigantic workshop in his backyard so he can build his toys and stable his "eight tiny reindeer." In return he will pay you $120,000 for the construction. When his wife learns of this deal, she tries to reject it because it is voidable due to his lack of contractual capacity. Was this contract voidable, or valid and enforceable? Answer the questions.Identify and state the relevant facts in the case: [*1058] In addition, the Agreement authorizes Defendants to establish and fund a reserve account from Schnucks' payment card transactions to offset its indemnity obligations in an amount not to "exceed ... any current and anticipated Association fees or fines." (Bankcard [**6] Addendum at § 22.1) Schnucks alleges that following the data breach, "First Data received a preliminary case management report from MasterCard outlining the case management fee and the amount of monitoring/card replacement and fraud loss reimbursement it was assessing against Citicorp." (Compl. at ¶ 28) Based on the amount of MasterCard's assessment, First Data then projected the total amount of Visa's assessment (id. at ¶ 29), and established the reserve account by withholding a percentage each day from the funds it collected for Schnucks from its payment card transactions. (Id. at ¶¶ 30-31) Schnucks further alleges that Defendants have breached the Agreement…