In Pearson v. Rose and Young, the claimant原告 left his car with a man called Hunt to see what offers he could obtain on it. He did not ask or authorise Hunt to sell it, and had no intention of giving the property in the car to him. Hunt sold the car to defendants. What would the court hold in such situation?
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In Pearson v. Rose and Young, the claimant原告 left his car with a man called Hunt to see what offers he could obtain on it. He did not ask or authorise Hunt to sell it, and had no intention of giving the property in the car to him. Hunt sold the car to defendants. What would the court hold in such situation?
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- Andrews and Brown hired a bookkeeper, Jenice, and gave her general authority to issue company checks drawn on SunTrust Bank so that Jenice can pay employees’ wages and other company bills. Jenice decides to cheat her employers out of $10,000 by issuing a check payable to the Bayside Distributors, one of the suppliers of seafood and fresh local produce. Jenice does not intend for Bayside to receive any of the money, nor is Bayside entitled to the payment. Jenice endorses the check in Bayside’s name and deposits the check in an account that she opened at Wells Fargo Bank in the name “Bayfood Dist. Co.” Wells Fargo accepts the check and collects payment from the drawee bank, SunTrust. SunTrust charges [Name of Restaurant] account $10,000. Denice transfers $10,000 out of the Bayside account and closes it. [Name of Restaurant] discovers the fraud and demands that the bank return the money. Evaluate which party or parties bear the loss.Bishop Logging Company is a large, family-owned logging contractor formed in the Lowcountry of South Carolina. Bishop Logging has traditionally harvested pine timber. However, Bishop Logging began investigating the feasibility of a fully mechanized hardwood swamp logging operation when its main customer, Stone Container Corporation, decided to expand hardwood production. In anticipating an increased demand for hardwood in conjunction with the operation of a new paper machine, Stone Container requested that Bishop Logging harvest and supply hardwood for processing at its mill. In South Carolina, most suitable hardwood is located deep in the swamplands. Because of the high accident risk in the swamp, Bishop Logging did not want to harvest hardwood by the conventional method of manual felling of trees. Because Bishop Logging had already been successful in its totally mechanized pine logging operation, it began a search for improved methods of hardwood swamp logging centered on mechanizing…A8
- am. 119.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.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…
- Business Law Which of the following cannot be the object of thecontract of sale?a. hereditary rightb. sale of animalc. land which the seller expects to buyd. none of the aboveA. 1. X, Y, and Z, co-owners, sold a inverter air-condition unit to A. They solidarity bound themselves to deliver the aircon unit in March 30. Through the fault of Y, the aircon unit was completely destroyed . Give the rights and obligations of the parties. B. 1. Joe, Nicolas, and Dante obliged themselves jointly to deliver to Ricky a particular racing horse on April 1. Their agreement which was made known to Ricky is that they will contribute the amount in buying the particular horse. However, the horse was not delivered on the date due because of failure of Nicolas to give his share of the purchase price. State the rights and obligations of the parties. 2. Dindo binds himself to pay his P20,000 loan in four (4) equal monthly installments. Is the obligation of Dindo divisible or indivisible? C. 1. Jaevis promised to deliver to Kyle a breeding cow. Their contract contains a penal clause that in the case of non-fulfillment, Jaevis Shall pay a penalty of P10,000. Jaevis wants to juts…The statute of frauds does NOT cover which of the following contracts? Bridgeby enters into a contract for the sale of her house. Ruelle and Randolph enter into a pre-nuptial agreement. O Quincy accepts Cleo's offer to buy from Cleo her couch for the price of $4,000. Jasper, the executor of the estate of Gabrielle's dead cousin, agrees with Gabrielle that Gabrielle will pay a debt of that estate: Gabrielle will inherit three-fourths of the estate, with the rest going to various charities. O For the price of $599. Millie enters into a contract with a merchant, Reesa, to buy from Reesa some wrenches with an estimated barter value of approximately $620.
- Harman’s lawyer was successful in representing Harman in their Alberta Court of King’s Bench trial, securing a judgment of $675,000. The Justice also awarded Harman costs based on Schedule “C” of the Alberta Rules of Court, Alta Reg 124/2010 . Based on the foregoing, how much will Harman receive in Schedule “C” costs for the work their lawyer did preparing commencement documents, affidavits, pleadings and related documents and amendments? (Put answer in as a number)a WI Thi aw poin loqua yd olM : Jane was tired of living in the jungle with Tarzan and entered into a sales contract to purchase a small house from Tarzan that he had inherited. Tarzan later changed his mind, because he liked Jane swinging in the trees with him. If Jane decides to seek legal assistance to acquire the house, which remedy should she ask for? O Quantum meruit O Promissory estoppel O Specific performance O Legal ejectment dead artGreg, a consumer in Tennessee, sent a purchase order to Campbell Manufacturing, a U.S. company, for a 4000 PSI gas pressure washer valued at $1275. Greg needed a new pressure washer for his part time business of washing houses. The order did not specify how disputes between the parties would be settled. Campbell returned a definite, unconditional acceptance that contained one additional term which stated that disputes must be submitted to arbitration. Greg received the acceptance; however, he never agreed or objected to the additional term. Campbell orally contracted to sell 15 pressure washers to London Painting Company a large commercial painting company in France. Explain the status of the contract between Greg and Campbell. If a contract was formed, did the additional term in the acceptance become part of the contract? Is the contract between Campbell and London legally enforceable? (Additional research outside of the textbook may be necessary).