By holding a knife to his back, Ed compelled Sean to sign a contract advantageous to Ed. This contract was entered under: false representation. improper threats. physical duress. undue influence.
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- Jose buys a jet ski for his 16-year-old son, Carlos. Carlos does not like it and Jose seeks to rescind his purchase since the Jet Ski was to be used by a minor. Explain whether or not Jose will be successful?From 2015 to 2021, Jerry lived in Houston, Texas and worked at Zydeco Records. Zydeco Records is a family-owned business with one store in Houston, Texas. In January 2022, Jerry was fired from Zydeco Records, and he moved to Colorado to work on a horse ranch. On March 10, 2022, Jerry sued Zydeco Records for breach of contract, a state-based claim. Jerry files his suit in Colorado state court. To avoid the Colorado court's jurisdiction, what should Zydeco Records do first? File an answer. File a default judgment. File a motion for new trial. O File a special appearance. ◄ Previous Next ▸Francesca owns and operates a small stereo store. That store was robbed last night after Francesca had locked up and gone home. The thief broke a window, entered the premises, and stole a dozen portable disc players. Francesca fortunately had installed a security camera several weeks ago. After discovering the theft in the morning, she reviewed the tape and recognized that the thief was her neighbor Ned. Francesca now has several concerns. She believes that Ned should be responsible to her personally, but she also believes that he owes a debt to society. Briefly describe two types of proceedings that may be brought against Ned.
- Upton is a used car salesman in Athens, Georgia. He often tries to scam (defraud, cheat, bilk, fool, etc.) his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton's agency duty, he is explicitly instructed by Klaus to deliver one of the cars currently on their sales lot in Athens to one of their other locations in Inglewood, California, on Klaus's behalf. The trip is a little over 2000 miles long and will take several days of driving to complete. Upton understands that the assignment is time-sensitive and must be completed within the current week. Despite this knowledge, he proceeds to go several hundred miles off his instructed route and make a pit stop in Boulder, Colorado. While there, he parties for two whole days and goes on a drunken rampage, destroying dozens of mailboxes in a quiet residential neighborhood with the very car he was told to deliver. Eventually, Upton finishes the remainder of his trip as originally planned and delivers the car, but…Mohsin acquired a piece of agricultural land in Moro, Sindh from a local landlord, Qasim Soomro, on a lease term of twenty years. The revenue payable by Qasim Soomro on his land to the Provincial Government was in arrears. As a result, the land was advertised for sale by the Provincial Government. Mohsin, in order to prevent the sale of land, paid the sum due by Qasim Soomro to the Provincial Government. Under the provisions of Contract Act, 1872 explain whether Mohsin can recover such amount from Qasim Soomro.Describe the two major requirements that the government must prove to establish that a defendant engaged in a pattern of racketeering activity.
- George develops upper- and middle-income townhouses and condo flats. He hired Pommella as his agent to sell the flat. Pommella is engaged on a fixed-term contract and is paid a predetermined salary plus commission according on the number of flats she sells. George is considering ending the agency relationship with Pomella. Explain to him THREE (3) options to end the relationship lawfully under agency law.Bryan is a purchaser for Ace Widgets. Bryan’s brother-in-law is a salesperson for Niche Electronics, one of Ace’s largest suppliers. Bryan told his supervisor about the relationship, and she approved his ordering of supplies from his brother-in-law as long as the purchases were reviewed by a senior manager. Bryan did not receive any favor or money from his brother-in- law in return for the sales. A year after Bryan discussed the situation with his supervisor, Ace’s management discovers that another supplier offers the same parts as Niche Electronics but at cheaper prices. Ace Widgets is considering suing Bryan for conflict of interest. Which of the following is the most accurate statement about Ace’s chances of success? Choices: A. Ace’s chances are good because it could have gotten the supplies at a lower price. B. Ace’s chances are poor because Bryan did not actually receive any money from his brother-in-law for sending him business. C. Ace’s chances are poor because the company was…Zoey and Drew enter into a contract that requires Drew to supply ten paintings per month to Zoey for her to sell in her art store. In March, Drew gives Zoey five paintings. As a result, Zoey has a substantial loss in profits. Zoey can sue Drew and receive reimbursement for the loss of her profits as a. compensatory damages. b. consequential damages. c. punitive damages. d. restitution.
- Salim is the owner of many buildings and hotels. Since he is a minor, his mother was his legally appointed guardian. Salimconvinced Omar to give him loan of 20,000 OMR with 12% interest. The loan was taken by mortgaging one of his properties. Omar gave 10,000 OMR as advance and Salim promised that he will return the money after one year. Salim’s mother informed Omar that anybody who would get into an agreement with him would do so at his own risk. After knowing this, Omar wants to get the advance he has given. Questions a.Is Salim bound to give the money back to Omar? Why or why not? b.Is this a valid contract? Explain why or why not?David hires Nell to auction off his grandmother's house and it's contents. Nell hires an auctioneer, rents a tent, advertises and does everything necessary to conduct a successful auction. When the auction is over, David refuses to pay for the auctioneer and advertisting expenses, claiming he never specifically authorized Nell to incur those expenses on his behalf. In her defense, Nell can claim that David gave her: 1) Apparent Authority. 2) Moral Authority. 3) Implied Authority. 4) Express Authority.On June 11, Chagnon bought a used Buick from Keser for $9,950. Chagnon, who was then a minor, obtained the contract by falsely advising Keser that he was over the age of majority. On September 25, two months and four days after reaching his majority, Chagnon disaffirmed the contract and, ten days later, returned the Buick to Keser. He then brought suit to recover the money he had paid for the automobile. Keser counterclaimed that he suffered damages as the direct result of Chagnon’s false representation of his age. A trial was brought to the court, sitting without a jury, all of which culminated in a judgment in favor of Chagnon against Keser in the sum of $6,557.80. This particular sum was arrived at by the trial court in the following manner: the trial court found that Chagnon initially purchased the Buick for the sum of $9,950 and that he was entitled to the return of his $9,950; and then, by way of setoff, the trial court subtracted from the $9,950 the sum of $3,392.20, apparently…
