(a)
Case summary:Publisher B, an LLC, situated in Ohio, opened a bank account with printing company G. Person L, a member-manager of B, signed a credit agreement with G that identified him as a purchaser and the agreement stated that the payment would be required within 30 days. In spite of the agreement, B took 6 months for the settlement of the payment. G agreed, after refusal, to take new orders only after the assurance of payment. L signed a promissory note payable to G along with a 6
To find:The circumstances in which a member of an LLC is liable for the debt of the firm.
Case summary: Publisher B, an LLC, situated in Ohio, opened a bank account with printing company G. Person L, a member-manager of B, signed a credit agreement with G that identified him as a purchaser and the agreement stated that the payment would be required within 30 days. In spite of the agreement, B took 6 months for the settlement of the payment. G agreed, after refusal, to take new orders only after the assurance of payment. L signed a promissory note payable to G along with a 6
To find:The liability of the person L for the unpaid amount of the publisher B under the credit agreement.
Case summary:Publisher B, an LLC, situated in Ohio, opened a bank account with a printing company G. Person L, a member-manager of B, signed a credit agreement with G that identified him as a purchaser, and the agreement stated that the payment would be required within 30 days. In spite of the agreement, B took 6 months for the settlement of the payment. G agreed, after refusal, to take new orders only after the assurance of payment. L signed a promissory note payable to G along with a 6
To find:The effect of the promissory note of person L on the liability of parties on the account.
(b)
Case summary:Publisher B, an LLC, situated in Ohio, opened a bank account with a printing company G. Person L, a member-manager of B, signed a credit agreement with G that identified him as a purchaser and the agreement stated that the payment would be required within 30 days. In spite of the agreement, B took 6 months for the settlement of the payment. G agreed, after refusal, to take new orders only after the assurance of payment. L signed a promissory note payable to G along with a 6
To f ind: The ethical responsibility of the members of an LLC to meet the obligations of the firm.
(c)
Case s ummary: Publisher B, an LLC, situated in Ohio, opened a bank account with a printing company G. The person L, a member-manager of B, signed a credit agreement with G that identified him as a purchaser and the agreement stated that the payment would be required within 30 days. In spite of the agreement, B took 6 months for the settlement of the payment. G agreed, after refusal, to take new orders only after the assurance of payment. L signed a promissory note payable to G along with a 6
To f ind: The legal duty of person L to mitigate the damage by the sale or distribution of the copies.
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Chapter 17 Solutions
The Legal Environment of Business: Text and Cases
- On a beautiful Saturday in October, Francie decides to take the twenty-mile ride from her home in New Jersey into New York City to do some shopping. Francie finds that Brown’s Retail Sales, Inc., has a terrific sale on televisions and decides to surprise her husband with a new high-definition television. She purchases the set from Brown’s on her VISA card for $1,450. When the set is delivered, Francie discovers that it does not work. Brown’s refuses to repair or replace it or to credit Francie’s account. Francie therefore refuses to pay VISA for the television. VISA brings a suit against Francie. Will VISA prevail? Why or why not?arrow_forwardNew West Fruit Corporation (New West) and Coastal Berry Corporation are both brokers of fresh strawberries. In the second half of 2012, New West’s predecessor, Monc’s Consolidated Produce, Inc., loaned money and strawberry plants to a group of strawberry growers known as Cooperativa La Paz (La Paz). In September 2012, Monc’s and La Paz signed a “Sales and Marketing Agreement” to allow Monc’s the exclusive right to market the strawberries grown by La Paz during the 2012–2014 season. The agreement did not mention the advances of money or plants, but did give Monc’s a security interest in all crops and proceeds on specified property in the 2013–2014 season. The financing statement was properly signed and filed. Monc’s closed down in January 2014, and its assets were assigned to New West. In April, New West learned that La Paz had agreed to market its 2014 crop through Coastal Berry. New West immediately arranged a meeting to advise the Coastal Berry officers of its contract with the…arrow_forwardTime Inc. offers to sell to Unlimited Sales Company one hundred digital watches at $50 a piece, subject to certain specific delivery dates. Unlimited replies with a signed purchase order that reads, “Accept your offer for 100 watches at $50 each. Must be delivered to our warehouse.” Time does not respond or deliver the goods. Unlimited files a suit for breach of contract, to which Time answers that there is no contract because Unlimited’s purchase order contained additional terms and is not signed by Time. A valid contract exists and the additional terms ("must be delivered to our warehouse") becomes part of the contract. A) True B) Falsearrow_forward
- Franchising is a method of distributing products or services involving a franchisorthat establishes the brand's trademark, trade name, business system, and afranchisee who pays a royalty and an initial fee for the right to do business underthe franchisor's name and system. It is a contractual business relationship. Whatdo you think is the prime advantage and disadvantage in having a business ofthis nature?arrow_forwardAfter receiving a promotion to logistics manager, Shantil’s husband, Ashton, purchased a 2017 BMW SUV for $68,000; however, he financed $48,000 through First Florida Banc. The bank took a security interest in the vehicle. Ashton was out of town for work when Shantil found out he had been having an affair. Shantil took a baseball bat and broke the windows and put dents in the BMW. Shantil then dropped the car off at the girlfriend’s apartment. Ashton was furious. After taking the car to a body shop for repairs, Ashton was unable to pay the bill due to the divorce, so he negotiated terms with the body shop; however, the shop retained possession of the vehicle. The repair shop claimed a lien on the car for services and materials in the amount of $21,250. Ashton stopped making payments to the bank while he was trying to save money to pay off the repair. First Florida Banc claimed priority. Discuss the rights of each party and determine which party is in the best position to prevailarrow_forwardHarry and Sally went to a large hardware store and told the salesperson they wanted the cheapest rotating clothesline in stock, provided it would bear a heavy load of washing. The salesperson assured them: “This no-name model will meet your needs. But because it is so cheap, you must sign this form in which you agree we are not providing any warranty or guarantee”. Harry and Sally agreed and bought the clothesline. Within two months, its winding mechanism had failed and the arms were drooping from the weight of an average load of clothes. Advise Harry and Sally, referring to issues arising under the Sale of Goods Actarrow_forward
- Gardner-Denver is the largest manufacturer of ratchet wrenches and their replacement parts in the United States. Gardner-Denver had two different lists of prices for its wrenches and parts. Its blue list had parts that, if purchased in quantities of five or more, were available for substantially less than its white list prices 1 - Purport 2 - Did Gardner-Denver engage in price discrimination with its two price lists? 3- Assuming that Gardner-Denver has engaged in price discrimination, what law would be violated in such situation? 4- Which agency of the federal government is responsible to investigate cases that may involve price discrimination?arrow_forwardPlease do not give solution in image format thanku A consumer entered into an agreement with Rent-It Corporation for the rental of a television set at a charge of $17 per week. The agreement provided that if the renter chose to rent the set for seventy-eight consecutive weeks, title will be transferred. The consumer now contends that the agreement is really a sales agreement, not a lease, and therefore is a credit sale subject to the Truth-in-Lending Act. Explain whether the consumer is correct. To what extent should the government regulate business?arrow_forward1. Basic Research LLC advertised its products on television networks owned by Rainbow Media Holdings Inc through an ad agency Icebox Advertising Inc. As Basic’s agent Icebox had express authority to buy ads from Rainbow on Basics behalf, but the authority was limited to buying ad with cash in advance. Despite this limit Rainbow sold ads to Basic through Icebox on credit. Basic paid Icebox for the ads, but Icebox did not pass all of the payments on to Rainbow. Icebox filed for bankruptcy. Can Rainbow recoup the unpaid amounts from Basic? Explain.2. Western Fire truck Inc contracted with Emergency One Inc (EO) to be its exclusive dealer in Wyoming and Colorado through Dec. 2003. James Costello, a Western Salesperson, was authorized to order EO vehicles for hi customers. Without informing Western, Costello emailed EO about Westerns diffuclties obtaining cash to fund its operations. He asked about the viability of Westerns contract and his possible employment with EO. On EO’s…arrow_forward
- A consumer entered into an agreement with Rent-It Corporation for the rental of a television set at a charge of $17 per week. The agreement also provides that if the renter chooses to rent the set for seventy-eight consecutive weeks, title would be transferred. The consumer now contends that the agreement was really a sales agreement, not a lease, and therefore is a credit sale subject to the Truth-in-Lending Act. Explain whether the consumer is correct.arrow_forwardWhat does agency law tell us about who may sign or executed agreements for a company and who is liable when they do.arrow_forwardB. Hawkeye Bank & Trust and affiliated banks agreed to refer bank customers to Financial Marketing Services, Inc. (FMS) for the purchase of life insurance. Hawkeye and FMS shared the commissions. Hawkeye employees and some independent agents licensed through FMS made the actual sales; however, all insurance business was FMS’ property. Because of concern about the confidentiality of bank customer information, Hawkeye decided to terminate its contract with FMS and sell insurance directly to its customers. The independent agents claimed Hawkeye terminating the contract with FMS constituted intentional interference with the agents’ contracts and prospective relations. Was it? Explain your position.arrow_forward
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