Peters paid Davis $1000 for carpeting which was installed in Peter's home on March 1, 1974. Peters immediately noticed a defect in the carpets and notified Davis. Davis's employees attempted several times to fix the carpets out were unsuccessful. On May 1, Peter wrote Davis and rejected the carpet demanding a full refund of the purchase price. Davis failed to remove the carpet. What will be the result?
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- In a written contract, Sheldon agreed to tutor the children of Mrs. Smith for a certain period of time. However, Sheldon, prior to starting classes, announced that he would not be able to tutor the children due to other commitments of his. In this case, there has been a(n): rescission. negligent breach. anticipatory breach. O malpractice.Jarvis Enterprises ordered 50 boxes of blueberries from Agricultural Wholesalers, Inc. Agriculture delivered 50 boxes of blackberries. Jarvis rejected the blackberries and attempted to contact Agriculture. After many unsuccessful attempts, Jarvis decided to sell the blackberries to Cold Ice Cream Co. for $500. Jarvis was ready to forward the money after deducting its expenses and a commission to Agriculture, but when Agriculture learned the sale price, it objected. Agriculture feels that the blackberries had a fair market value of $1,200, and that Jarvis sold the blackberries too cheaply. Discuss the legal rights and duties of Jarvis in this situation.Dorian breeds Scottish Fold kittens and informs Stevie that she is a cat breeder. Stevie says she is interested in purchasing one of her kittens. Dorian calls Stevie a month later and says Stevie’s kitten is ready for pickup and Stevie owes her $1,000. Stevie refuses, stating they did not have a valid contract. Dorian states they did have a valid contract. Who is correct?
- 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.An intruder entered through a window and raped McCutchen in her apartment. MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window. Ten Associates claimed that they had no way of anticipating an intruder. Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows. Does it appear that Ten Associates was negligent in providing for the security of tenants?Mark Bradshaw, an agent for National Foundation Life Insurance Co. (NFLIC), tried to sell a health insurance policy to Bobby Reed. Bradshaw told Reed that his health insurance coverage would begin upon signing some forms and paying the first premium. On January 7, Reed signed but did not read the forms, which included language stating that Reed understood that Bradshaw could not change any NFLIC policy or make any policy effective, that the policy would not be effective until actually issued by NFLIC, and that it could take up to two weeks for Reed’s application to be processed and the policy issued. NFLIC received Reed’s application, including his payment for the first premium, on January 12. On January 19, NFLIC called Reed’s home and was informed he had a heart attack on January 15. NFLIC declined to issue the policy to Reed. On what grounds did Reed sue Bradshaw? Was Reed’s suit against Bradshaw successful?
- 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…Onslow Company purchased a used machine for $288,000 cash on January 2. On January 3, Onslow paid $8,000 to wire electricity to the machine. Onslow paid an additional $1,600 on January 4 to secure the machine for operation. The machine will be used for six years and have a $34,560 salvage value. Straight-line depreciation is used. On December 31, at the end of its fifth year in operations, it is disposed of. Problem 8-6A (Algo) Part 3 3. Prepare journal entries to record the machine's disposal under each separate situation: (a) it is sold for $21,000 cash and (b) it is sold for $84,000 cash. View transaction list View journal entry worksheet No Date December 31 Cash Accumulated depreciation-Machinery Loss on sale of machinery Machinery General Journal Debit Credit 21,000 213,700 63,300 288,000 December 31 Cash 84,000 Accumulated depreciation-Machinery 213,700 Machinery 288,000Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night of July 1 telephoned Beal that the tractor was ready to be picked up upon Beal’s making payment. Beal responded, “I’ll be there in the morning with the money.” On the next morning, however, Beal was approached by an insurance prospect and decided to get the tractor at a later date. On the night of .July 2, the tractor was destroyed by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the loss? Why?
- Alan’s real estate broker suggested that he use a quitclaim deed to sell his super cool Brentwood condo so that the buyer would: Be the grantor under the deed and have full recourse against the seller for any title related claims Acquire only the legal interest in the property that Alan previously held Know that all prior mortgages, liens, and other encumbrances had either been reconveyed or removed from the property’s title Receive assurance that the property was free from any title defectsMurray Osborne designs handbags and attaches his distinctive mark to all of them. He has registered this as a trademark in NSW. He notices that wallets are being sold at the market with the same mark, but they are not his designs. He can see that they are clearly of an inferior quality and is concerned that this will reflect poorly upon his handbags. What rights does Murray have with respect to his trademark? In your answer explain what remedies are available to him and how he should proceed. (Outline legal aspects of personal property law: intellectual property law, patents, copyrights, trademarks, personal property securities law).The standard of reivew used by the Connecticut Supreme Court in determining whether the takings were constitutional under the 5th Amendment was: a. The takings were reasonably necessary to achieve the City of New London's intended public use. b. The takings were substantially necessary to achieve the City of New London's intended public use. c. There was clear and convincing evidence that the economic benefits of City of New London's plan would in fact come to pass. d. The evidence was beyond a reasonable doubt that the economic benefits of the City of New London's plan would in fact come to pass.