Willy signs a lease to open a law office. The state legislature outlaws the private practice of law, thus rendering the lease worthless. When Willy fails to pay the rent, the landlord files a suit against Willy. Willy's best defense is that the purpose of the lease has been frustrated. an accord and satisfaction has occurred. a novation has occurred. the lease violated the Statue of Fraud

Willy signs a lease to open a law office. The state legislature outlaws the private practice of law, thus rendering the lease worthless. When Willy fails to pay the rent, the landlord files a suit against Willy. Willy's best defense is that the purpose of the lease has been frustrated. an accord and satisfaction has occurred. a novation has occurred. the lease violated the Statue of Fraud

Administration Of Wills/Trusts/ And Estates

5th Edition

ISBN:9781285281308

Author:Brown

Publisher:Brown

Chapter11: The Personal Representative

Section: Chapter Questions

Problem 3CTD

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Boracay wrote a complete promissory note payable to bearer. The note was stolen and his signature forged. It ends up in the hands of a holder in due course. Which of the following is true? a. Boracay is not liable because the forged signature is inoperative. b. Boracay can set up the defense of want of delivery of a complete instrument. c. Boracay is liable because he is an indorser. d. Boracay is liable to a holder in due course.
During an internal investigation, Black, a Certified Fraud Examiner, interviewed Green, a fraud suspect. Although Green wanted to leave in the middle of the interview, Black blocked the exit and prevented him from leaving. Green subsequently confessed to committing fraud. If, under these facts, Green files a lawsuit for false imprisonment against Black, Black will likely: A. Win the case because the qualified business privilege protects investigators conducting internal investigations. B. Win the case because Green confessed to the fraud. C. Lose the case if a trier of fact concludes that he restrained Green without consent or legal justification. D. Lose the cans because Green did not leave the interview.
Alice owns a contracting company that receives most of its business through government contracts. A new procurement officer with a government agency implies to Alice that if she does not send him a bribe for her latest awarded contract, she will not get any further contracts. If Alice loses future contracts, her business will fail. She reluctantly gives the officer a bribe. Has Alice committed a violation? A. Yes, because Alice was not under economic duress. B. Yes, because being extorted is not a defense to giving a bribe. C. No, because Alice was under economic duress. D. No, because Alice was not the one who proposed the bribe.
1. Under the Statute of Frauds, the following contracts must be in writing, otherwise they cannot be enforced in court litigation except CHOICES: Sale of personal property at a price not more than P300.00 Sale of real property regardless of the price involved Sale of property not to be performed within a year from the date thereof regardless of the nature of the property and price involved Answer not given
Due to his debt to Chur, Schwyz wrote a promissory note which is payable to the order of Chur. Chur's sister, Sion, misrepresenting herself as agent of Chur, obtained the note from Schwyz. Sion then negotiated the note to Lausanne after forging the signature of Chur. May Lausanne enforce the note against Schwyz? a. Yes, since Schwyz is the principal debtor. b. No, since it is Chur who can enforce it, the note being payable to the order of Chur. c. No, since the signature of Chur was forged. d. Yes, since Schwyz, as maker, is primarily liable on the note.
Amy is a creditor of Bia. In order to escape the liability to Amy, Bia sells all his property to Cathy. May Amy ask for rescission of the contract of sale between Bia and Cathy? * Yes even if the right of levy and execution and accion subrogatoria are still available. Yes because creditors are protected in cases of contracts intended to defraud them. No because Amy is not a party to the contract. No because Amy has no right of rescission.
Thompson’s house was destroyed by fire and claims were filed with the insurance company. The insurance company (insurer) hired Cannon to investigate the fire as it was suspicious about the cause. Subsequently, the insurer denied the claims based on Cannon’s report. Thompson sued the insurer and Cannon. Thompson claimed to be a third party beneficiary of the Cannon-insurer contract. Is Thompson correct? If not, what type of beneficiary is he and why?
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Marvin is a state legislator. Bases on his belief that a certain infrastructure project in the public’s best interest, Marvin in favor of the project. Several weeks later, a contractor who financially benefited from the project approaches Marvin with an envelope full of cash and thanks him for his “public service.” If Marvin accepts the cash, which of the following best describes his violation? A. Official bribery. B. Commercial bribery. C. Illegal gratuity. D. Economic extortion.