(a)
Case summary: Person W and person M entered into a
To find: The time for dissociation of the partnership and the reason which made dissociation a wrongful one.
Case summary: Person W and person M entered into a partnership business of buying, renovating, and selling houses. Person M financed the project which was supposed to cost him
To find : The action of person W which represents unethical behavior or bad management that led to breach of contract.
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Chapter 16 Solutions
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
- Sam and Eleanor Gaito purchased a home from Howard Frank Auman, Jr., in the spring of 2011. Auman had completed the construction of the house in November 2006. In the interim, three different parties had lived in the house for brief periods, but Auman had retained ownership. The last tenants, the Ashleys, experienced difficulties with the home’s air conditioning system. Repairs were attempted, but no effort was made to change the capacity of the air conditioning unit. When the Gaitos moved into the house in June 2011, they too had problems with the air conditioning. The system created only a ten-degree difference between the outside and inside temperatures. The Gaitos complained to Auman on a number of occasions, but extensive repairs failed to correct the cooling problem. In May 2014, the Gaitos brought an action against Auman, alleging that the purchase price of the home included central air conditioning and that Auman had breached the implied warranty of habitability. At trial, an…arrow_forwardThe overall responsibility of a fiduciary estate manager is to a. make certain that payment of the decedent’s valid creditor’s claims is avoided b. avoid allowing the legitimate claims of non-probate beneficiaries c. minimize estate taxes d. “maximize” the value of the estate for which he or she is responsible for the beneficiaries of that estatearrow_forwardBrandt Crossing Investments, Inc., was a family-owned property investment organization, investing in undeveloped properties when prices were low and then selling them when prices went up. Among its holdings, Brandt Crossing owned fifty acres of undeveloped land next to another fifty acres of undeveloped land owned by Khloe Hadid. Carter Rios, property manager for Brandt Crossing, approached Hadid and offered to purchase her fifty acres “for Brandt.” Hadid sold the property for $50,000. Within one year, Brandt Crossing sold its 100 acres, including the property bought from Hadid, to a developer for $1,000,000. Richard Brandt, a 5% owner of Brandt Crossing Investments and an old high school acquaintance of Hadid, saw her at the mall and told her of the recent sale. Furious that she had lost out on the income and convinced that Rios had misled her, Hadid sued Richard Brandt for the acts of his agent, Rios. Hadid argued that the facts were sufficient to create an agency by estoppel…arrow_forward
- Major Babineaux hired Green Acres, a local landscape firm, to plant trees and shrubs in his front yard. The landscape is beautiful when the company is done; however, in just a few days many of the plants begin to die. When Major complained to the manager of Green Acres, the manager says that Major must have done something to them that caused the plants to die, such as overwatering them. Green Acres doesn’t have any money-back guarantees. Major is angry that he can’t get a refund or replacement. At this time, Major's best course of action would be to contact the a. Consumer Product Safety Commission. b. Better Business Bureau. c. local Chamber of Commerce. d. Federal Trade Commission. e. Warren Commission.arrow_forwardSkip and Jack are the shareholders of the Blue Fish Event Corporation. Skip and Jack regularly put on classy events on or near the beach, so they have a special insurance policy to protect their assets. Business has been slow as fewer large beach weddings are taking place, so Skip and Jack use a large fan to blow down and damage most of their décor assets, some of which were personal assets of Skip and Jack, to collect the insurance benefits. (a) Assuming their acts are proven, will a court allow Skip and Jack to recover the insurance money? (b) Is this a situation where the corporate veil may be pierced? Why or why not? (c) What would it mean for Skip and Jack if the corporate veil is pierced in this situation?arrow_forward1. Should George have accepted the listing? George states, “I am not discriminating. The owners are the guilty party.” Can george filter potential buyers by credit score? By race? 2. Now that George has accepted the listing, could he be guilty of fair housing violations by association? Could he be innocent because he is only “following orders”?arrow_forward
- Phillip is a broker who was hired by Sam to help him find a new investment property. Phillip identifies a property that fits Sam's investing criteria. Sam asks Phillip to do some research and provide him with an opinion of title on the property. Is Phillip permitted to do this? ○ No. This would be considered an unauthorized practice of law. No. Phillip needs his sales associates license in order to issue an opinion of title. Yes. Brokers are always permitted to issue an opinion of title. Yes. As long as Phillip notifies FREC, he can issue an opinion of title.arrow_forwardWith respect regarding to obligations and contracts 1. Can you give a Beliefs/misconceptions; 2. The concept of "quits" or Compensation; and 3. The effect of Super Typhoon and a thing which is the subject of an obligation and its lost;arrow_forwardNon-forfeiture provisions are included in whole life and endowment policies to assure the policyowner that certain minimum policy benefits shall remain with him even under certain changed conditions. Non-forfeiture values guarantee to the policyowner that A) No death claim will be denied for any misstatement on the application B) Any guaranteed policy values will belong to the policy owner even if premium payments are discounted The face amount of the policy will remain the same even if the insured's health becomes impaired The premium on the policy will remain the same even when another beneficiary D) is added to the policyarrow_forward
- 15. Jay Seago is suing the manufacturer of his car for $3.5 million because of a defect that he believes caused him to have an accident. The accident kept him out of work for a year. The company has offered him a settlement of $700,000, of which Jay would receive $600,000 after attorneys' fees. His attorney has advised him that he has a 50% chance of winning his case. If he loses, he will incur attorneys' fees and court costs of $75,000. If he wins, he is not guaranteed his full requested settlement. His attorney believes that there is a 50% chance he could receive the full settlement, in which case Jay would realize $2 million after his attorney takes her cut, and a 50% chance that the jury will award him a lesser amount of $1 million, of which Jay would get $500,000. Using decision tree analysis, decide whether Jay should proceed with his lawsuit against the manufacturer.arrow_forwardSubject - account Please help me. Thankyou.arrow_forwardBryson is the owner of a deferred annuity. His son, Calvin, is the annuitant, and his daughter, Isabelle, is the beneficiary. Which parties to this annuity can select the type and timing of annuitized income payments?(Search Chapter 3) a. Bryson b. Calvin c. Isabelle d. Bryson, Calvin, or Isabellearrow_forward
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