Dave signs a contract with Mac to kill a prominent official but refuses to go ahead with the job after having been paid a substantial sum of money by Mac. Mac can successfully sue Dave for the return of the money. successfully sue Dave to perform the contract. not enforce the contract in a court. enforce the contract only if he can demonstrate that he was not going to be physically involved in the actual commission of the crime.
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- Brendan Bosse and Michael Griffin were part of a group of four teenagers eating a meal at a Chili’s restaurant in Dedham, Massachusetts. Chili’s is owned by Brinker Restaurant Corporation (collectively “Chili’s”). The cost of the meal was $56. The teenagers decided not to pay. They went out of the building, got in their car, and drove away, heading northward up Route 1. A patron of the restaurant saw the teenagers leave without payment. He followed them in his white sport-utility vehicle (SUV). The teenagers saw him following them. A high-speed chase ensued through Dedham side streets. The patron used his cell phone to call the Chili’s manager. The manager called 911 and reported the incident and the location of the car chase. The teenagers’ car collided with a cement wall, and Bosse and Griffin were seriously injured. The Chili’s patron drove past the crash scene and was never identified. Bosse and Griffin sued Chili’s for compensatory damages for their injuries. The plaintiffs argued…Brutus is prosecuted for having sexually assaulted a young girl of 12 years before theIntermediate Court. At the trial, the girl is 13 years old and she gives evidence without beingsworn. After two more witnesses have been heard the Magistrates realise that the young girlwas not sworn before giving evidence. The young girl is recalled and is sworn and she repeatsthe evidence she had given before and is cross examined by the defence.Brutus is convicted and sentenced to undergo five years imprisonment. He appeals against theconviction and on appeal it is submitted that Brutus did not get a fair trial because the evidenceof the girl which appears on the court record was not given on oath.The prosecution seeks your views on how to reply to the arguments of the defence.Agents and employees of Deco Arts Corporation and Echo Imitations Inc. are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine. Can the corporations be held liable for these crimes? If so, how can they be punished?
- Joseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.Elle is an agent for Fine Cosmetics, Inc. Elle owes Fine Cosmetics the duty of: O compensation. performance. O avoidance. indemnificationExplain the elements of the offence of murder. In what court would a murder trial be held, and explain the balance and burden of proof in such cases. In what circumstances can self-defence be relied on?
- under the NCC, what are the different acts or omissions of the obligor or debtor which will result in the breach of the obligation for which he can be held liable for damages?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.Ann took Bonnie’s watch before Bonnie was aware of the theft. Bonnie discovered her loss immediately and pursued Ann. Ann pointed a loaded pistol at Bonnie, who, in fear of being shot, allowed Ann to escape. Was Ann guilty of robbery? Of any other crime?
- Leon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?Caelan tells Ray, "I will sell you my computer for $2,000, and you need to let me know by tonight" Ray does not give Caelan an answer immediately. Caelan goes home and opens the laptop and it does not work. Caelan calls Ray and tells Ray the computer is no longer for sale. Ray may still force Caelan to sell the computer because Caelan made a valid offer. b. not force Caelan to sell the computer because Caelan revoked the offer. c. still force Caelan to sell the computer because it is not Ray's fault that Caelan's laptop no longer works. d. not force Caelan to sell the computer because Caelan rejected the offer. a.Under what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?