The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
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Question
Chapter 14, Problem 2BS
Summary Introduction
Case summary: Person M contracted to sell his car to person H for
To find: Whose claim will be held true in the given case.
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James sold his 1965 e-type Jaguar car to Shirley for $18,500. During the negotiations James claimed that the car was actually a 1963 model, which were rarer, and therefore more valuable.
Shirley, who was 17 at the time of purchase, bought the car on the understanding it was the 1963 model.
Are all the elements of a valid contract present?
Explain your answer.
Al, the owner of Fitness Corp., a manufacturer of gym equipment, calls Bob, the owner of Bob's Gym. During the conversation, Al offers to sell Bob an assortment of 100 dumbells, of different weights and sizes, for $600.00. After the phone call, Al sends Bob an email confirming their conversation. Since Al and Bob never signed a contract, their agreement is unenforceable under the Statute of Frauds.
True
False
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?
Chapter 14 Solutions
The Legal Environment of Business: Text and Cases
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- 1) Donald met Daisy at the Mall. Donald saw that Daisy had a brand new Apple tablet in her hand, he immediately told Daisy that he is interested in purchasing her tablet for $5000.00: Daisy responded in the following manner; Daisy did not answer Donald and simply walked away. Based on Donald’s original offer to purchase the tablet for $5,000, Daisy inquired from him, the method of payment for the tablet. Daisy told Donald that she paid $10,000.00 for the Tablet and if he agrees to pay her that amount, she is willing to accept. Donald responded that he is only willing to pay $6,000. Advised Daisy on whether or not a valid agreement exists between Donald and her, pertaining to the three issues above.arrow_forwardPlease provide Reaction to statement below: William refrained from certain behaviors, as requested by his uncle, in exchange for a large sum of money. Since the executor of Story's estate refused to pay William, claiming that the contract lacked consideration, there is a theory of consideration that William can rely on. William can invoke the concept of forbearance, which he did by refraining from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he reached the age of 21. This act of forbearance on his part can be considered adequate consideration for the contract. In this case, even though refraining from liquor and tobacco has been beneficial for William's health, it can still be considered a legal detriment or forbearance for the contract. Considering the facts presented, William fulfilled his uncle's requirements, and Story acknowledged that William had fulfilled his part of the bargain. Based on this, there was valid consideration for the…arrow_forwardPeters 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 but 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?arrow_forward
- Aaron bought a television set for personal use from Penny. Aaron properly signed a security agreement and paid Penny $125 down, as their agreement required. Penny did not file, and subsequently Aaron sold the television for $800 to Clark, his neighbor, for use in Clark’s hotel lobby. a. When Aaron fails to make the January and February payments, may Penny repossess the television from Clark? b. What if, instead of Aaron’s selling the television set to Clark, a judgment creditor levied (sought possession) on the television? Who would prevail? c. What if Clark intended to use the television set in his home? Who would prevail?arrow_forwardJames sold his 1965 e-type jaguar car to Shirley for $18,500. During the negotiations James claimed that the car was actually a 1963 model, which were rarer, and therefore more valuable. Shirley, who was 17 at the time of purchase, bought the car on the understanding it was the 1963 model. Are all the elements of a valid contract present? Explain your answer. (Examine legal concepts and scope of contract law).arrow_forwardMelani sold a silver-looking laptop case to Bente for $2,500. Both honestly believed that the case was made of 95% platinum and 5% ruthenium. Jossie later learned that the briefcase was made of 100% inexpensive sterling silver with gold plating on the handles and corners. Explain whether Jossie can rescind the contract with Melani.arrow_forward
- sanjayarrow_forwardFormal Requirements Mr. Higgins operated a used car dealership in the state of Alabama. Higgins purchased a Chevrolet Corvette. He paid for the car with a draft on his account at the First State Bank of Albertville. Soon after, Higgins resold the car to Mr. Holsonback. To pay for the car, Holsonback signed a check that was printed on a standard-sized envelope. The reason the check was printed on an envelope is that this practice made it easier to transfer title and other documents from the seller to the buyer. The envelope on which the check was written contained a certificate of title, a mileage statement, and a bill of sale. Does a check printed on an envelope meet the formal requirements to be classified as a negotiable instrument under the UCC?arrow_forwardRamona 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…arrow_forward
- Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer, which he stated conformed to the contract. Nothing was stated in the contract as to time of payment, but Smith demanded payment as a condition of handing over the fertilizer to Beyer. Beyer refused to pay unless he was given the opportunity to inspect the fertilizer. Who is correct? Explain.arrow_forwardSt. Charles Cable TV (St. Charles) was building a new cable television system in Louisiana. It contacted Eagle Comtronics, Inc. (Eagle), by phone and began negotiating to buy descrambler units for its cable system. These units would allow St. Charles's customers to receive the programs they had paid for. Although no written contract was ever signed, St. Charles ordered several thousand descramblers. The descramblers were shipped to St. Charles, along with a sales acknowledgment form. St. Charles made partial payment for the descramblers before discovering that some of the units were defective. Eagle accepted a return of the defective scramblers. St. Charles then attempted to return all the descramblers. asking that they be replaced by a newer model. When Eagle refused to replace all the old descramblers, St. Charles stopped paying Eagle. Eagle sued St. Charles, who claimed that no valid contract existed between the parties. Is there a valid sales contract? Explain your reasoning…arrow_forwardAbigail is in the business of selling fine antiques. Abigail purchased an antique desk for $5,000 from Jackson, and gave a promissory note for payment. Concerned that Jackson might not accept the note, Abigail had her friend Catalina sign the promissory note as well. Jackson accepted the note as payment. Two weeks later, Jackson sought payment on the note. Abigail told Jackson that she is not responsible for the promissory note because Catalina signed the note too, and Jackson had to seek payment from Catalina first. Abigail also spotted a beautiful set of vintage chairs owned by Max that would be perfect for her store. Abigail wrote a $10,000 check, also signed by her business associate Orville as an accommodation party, to Max to pay for the chairs. Max presented the check to Westville Savings, the bank where Abigail has a checking account, for payment. Westville Savings dishonored the check claiming Abigail had insufficient funds. Who is liable for these negotiable…arrow_forward
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