Pantia agreed to write software codes for "a reasonable price" for a video game being produced by Mindbinder, Inc. When Pantia submitted a bill for $5,000, Mindbinder believed that a reasonable amount for the work was $3,000 and sent Pantia a check for that amount with a notation on the check, "Payment in full." Discuss the case.
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- 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.DigiTech Corporation pays its employees every two weeks. Eve gets her paycheck, indorses the back (“Eve Anderson”), and, on her lunch hour, goes to cash it at DigiTech’s bank, First State Bank. On the street, in a crowd, she loses the check. Greg Smith finds it. Has the check been negotiated to Greg? Greg signs the back of the check beneath Eve’s signature and cashes it. What might Eve have done to avoid this loss?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?
- Michael Hauck claimed that he was discharged by his employer, Sabine Pilot Service, because he refused its direction to perform the illegal act of pumping the bilges of the employer’s vessel into the waterways. Hauck was an employee at will, and Sabine contends that it therefore had the right to discharge him without having to show cause. Hauck brought a wrongful discharge action against Sabine. Decide.Please give your answer using the IRAC format. Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis: Applying the rule of law to the facts of the problem presentedConclusion: Answer to the IssueLucy 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.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?
- 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…Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative. True FalseHello, I am in need of assistance to answer the following question in tort law (according to English Law): Graham was employed as a waiter. He prided himself on his physical appearance and his ability to carry trays and dishes with dexterity and professionalism. He developed a tremor in his arm, which affected his ability to carry out these tasks, and consulted Dr Holly about the problem. Dr Holly recommended a surgical intervention in an area of the brain from where she felt that the tremor was emanating. She warned Graham about the 1% risk of stroke associated with the operation. However, she did not inform Graham of the facts that (1) there was a new pharmaceutical drug available on the market which might alleviate the tremor and which had a 0% risk of stroke, or that (2) the surgical procedure also had a 1% risk of affecting nerves around that area of the brain stem which could affect bodily functions such as continence. Graham underwent the operation. He was left incontinent, and…
- Francine posts on social media that she will pay $500 to anyone who will clear her lawn of leaves. One of Francine's friends is dating Bob, who goes out and collects all the leaves. When he asks for payment, Francine says that the two never had a contract. Is Francine correct? Briefly explain.In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.Vozzello is on a domestic flight heading from Seattle to Baltimore when he experiences a medical emergency. Thankfully, Doctor Amalia is also on the plane and is able to perform cardiopulmonary resuscitation ("CPR") to keep him stabilized until they land, at which point he is taken to a local hospital for further treatment. Two weeks later, Vozzello is shocked when he receives a $37.000 bill from Amalia for the services she provided. Amalia argues that $37,000 is reasonable because she is a nationally renowned cardiovascular specialist who graduated from one of the top medical schools in the world. Which of the following statements is correct? Since Vozzello benefitted from Amalia's services, an implied-in-fact contract was formed. He is therefore required by law to pay her typical rate, and $37.000 is justified considering her qualifications. Since Vozzello benefitted from Amalia's services, an implied-in-law contract was formed. He is therefore required by law to pay her typical…