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 belbsis dead prit
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- Subject - account Please help me. Thankyou.Under our NCC, an heir may institute an action for rescission of a rescissible contract in his capacity as a representative or successor-in-interest of a person who suffers from lesion or of the creditor who is defrauded. Suppose, however, that it can be established that the decedent, during his lifetime, entered into a contract with another in order to defraud him of his legitime, can he institute an action for the rescission of such contract after the death of the decedent?Raymond owns a bakery on main street that specializes in making custom cookies for special events. He has twenty years of baking and cookie decorating experience and has received numerous awards for his work. Clarice enters the bakery on morning to inquire about Raymond baking some cookies for her daughter’s birthday. The two enter into a contract in which Raymond agrees to bake two dozen cookies and decorate the cookies as characters from Clarice’s daughter’s favorite show. In their discussions, Raymond tells Clarice the cookies will be ‘approximately half a pound each’ in size. As they are in America, Clarice assumes that the half a pound size refers to the weight of the cookies, knowing that the size will vary as each cookie bakes slightly differently. Raymond, however, meant the half a pound size to signify that the cookies will be the size of a half-pound sterling, the primary currency in the United Kingdom. This measurement is significantly smaller than the half a pound in…
- Tiana, a citizen of Mississippi, was injured by humidifier made by Humidor, Inc. Humidor is incorporated in Delaware and has its principal place of business in Silver Springs, Maryland. By the time all of the medical bills, lost work, and other injuries accumulated, the total was $90,000. All of Tiana’s damages would fall under Mississippi or Maryland state law causes of action.In what courts can Tiana sue Humidor?• Where should Tiana sue?I am not sure about the answer for this question The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favor of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when it was a second substantial mortgage on their home. Neither read the document nor questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non-est factum. Would this defense succeed? Why or why not? Explain your responseUndue Influence. Juan is an elderly man who liveswith his nephew, Samuel. Juan is totally dependent on Samuel’s support. Samuel tells Juan that unless he transfers a tractof land he owns to Samuel for a price 35 percent below itsmarket value, Samuel will no longer support and take care ofhim. Juan enters into the contract. Discuss fully whether Juancan set aside this contract. (See Voluntary Consent.)
- 2. Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6 (CanLII) Shafron sold his insurance agency to KRG and was subsequently employed by its successor, KRG Insurance Brokers (Western) Inc. Each employment contract contained a restrictive covenant whereby Shafron agreed that for three years after leaving his employment, he would not work for an insurance brokerage within the "Metropolitan City of Vancouver." When he left the respondent company and began working as an insurance salesman for another agency in Richmond, BC, KRG Western commenced an action to enforce the restrictive covenant. The trial judge dismissed the action, finding that the term "Metropolitan City of Vancouver" in the restrictive covenant was neither clear, certain, nor reasonable. The trial decision was reversed on appeal. The appeal court agreed that the term "Metropolitan City of Vancouver" was ambiguous; however, it severed that term and held that the term means the "City of Vancouver, the University of…Dimitri lends his brother, Calvin, $1,800. Calvin and Willa agree that Calvin will build a new pool deck for Willa in exchange for Willa paying Dimitri $1,800. Calvin builds the pool deck, but Willa refuses to pay Dimitri any money. Can Dimitri sue for payment? O No, because Dimitri was not a party to the contract. O No. because Dimitri did not build the pool deck. O Yes, because Dimitri is a donee beneficiary. O No, because Dimitri is an incidental beneficiary. Yes, because Dimitri is a creditor beneficiary.Presley and Collins enter into a contract that requires Presley to pay Collins $100 per kitten provided by Collins' breeding program to be sold in Presley's pet store. When Presley's attorney drafts the contract, the attorney accidentally puts the price at $1,000 per kitten. When Collins sues to enforce the contract as written, a court will likely decide that a. Presley must pay $1,000 per kitten. b. a mistake was made in the contract and Presley must pay $100 per kitten. c. Presley need not pay anything due to the mistake. d. Collins must pay Presley's attorney for drafting the contract.
- Koh, a California resident, won a judgment in California of $240,000 against Inno-Pacific Holdings, Ltd., a Singapore company, but Inno-Pacific did not pay the judgment. Koh discovered that the company had an interest in land in Washington State, so he filed suit in Washington to seize the property to satisfy his judgment. The trial court in Washington dismissed the suit, because it lacked personal jurisdiction over Inno-Pacific. Koh appealed. On what basis could the Washington court have jurisdiction?Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…Cari enters a single-agency relationship with a listing broker, who owes her full disclosure and loyalty. The listing broker then finds Buyer Bonnie who wants that same broker to represent her in a transaction broker relationship, providing Bonnie with certain duties such as limited confidentiality. Can the broker represent Cari in a single-agency relationship AND represent Bonnie as a transaction broker in the same transaction? No, because offering Bonnie limited confidentiality would conflict with the full disclosure already owed to Cari. Yes, but only if the limited confidentiality owed to Bonnie is needed to fulfill Cari's objective of selling the property. Yes, as long as the broker tries to be fair to br + parties.