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.
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- A director using confidential information to trade in a company's shares is MOST likely to be in breach of the director's duty:A. to act in the company's best interests.B. to act with care, skill and diligence.C. to exercise powers for a proper purpose.D. to avoid a conflict of interests.There is no federal statute of frauds. True FalseA 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 interests
- The third-party doctrine says that information voluntary given to a third party removes any "reasonable expectation of privacy" in that data and defeats the requirement for a search warrant. O True O Falseneed help asapPart 1. Eric has applied for the position of a reservations clerk in your hotel. The individual has no experience, but he types quickly and accurately and has good listening skills as well as a pleasant speaking voice. Eric has very limited eyesight. He is considered to be "legally blind" and is covered by ADA. Discuss ways in which management in your hotel could accommodate Eric's disability with or without a reasonable accommodation.
- 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.You are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.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…
- Ramona Smith spilled orange juice on her computer two days before her term paper was due. Ramona desperately needed a new laptop, so she went online and found a laptop that fit her needs. She emailed the seller, Effie Frost, expressing her desire to purchase the laptop. Effie ernailed Ramona back and said that she (Effie) would sell Effie's laptop to Ramona for $300. An hour later, Ramona and Effie signed the following agreement: "1, Effie Frost, agree to sell my laptop computer to Ramona Smith for Four Hundred Dollars and zero cents. This is the entirety of the agreement. This agreement supersedes any and all other agreements made by the seller and the buyer." Ramona now claims that she should only pay $300 for the laptop because during that initial email exchange with Effie, Effie told Ramona that $300 was the price of the laptop, and she has the email exchange as evidence of the price quote of $300. What legal concept could be used to enforce the contract for $400? O Condition…Using the IRAC model to answer the question. Jim and Jane got married last Sunday. The next day they travelled to Extended Stay Hotel in Miami for their honeymoon. They arrived at the Hotel, checked in and proceeded to their room. At the back of the front door in their room was a notice excluding liability, which read that “ Extended Stay will not be responsible for articles lost or stolen, unless it is logged at the front desk for safe custody.” However, this exclusion clause could only be seen after the door is closed as well as, the actual notice was small and colored in black, with a white background. Regrettably, with all the excitement of their honeymoon, both Jim and Jane did not even notice the exclusion clause at the back of the door. One day when they were out shopping, someone came into their room and stole Jim’s laptop.…Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.