The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
expand_more
expand_more
format_list_bulleted
Question
Chapter 26, Problem 1IS
Summary Introduction
Case summary: A house was sold by person B to person C, on warranty deed. Another person D, appears and claims that he has a better title than B, over the house. The person D wants to get person C evicted from the house.
To find: The possible action by C.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
13-2. Undue Influence. Juan is an elderly man who lives
with his nephew, Samuel. Juan is totally dependent on
Samuel's support. Samuel tells Juan that unless he transfers
a tract of land he owns to Samuel for a price 35 percent
below its market value, Samuel will no longer support and
take care of him. Juan enters into the contract. Discuss fully
whether Juan can set aside this contract. (See Voluntary
Olivia told Tom that Alison was her leasing agent. Based on this representation, Tom signed a 3-year lease with Alison on a building owned by Olivia. Tom spent a considerable sum on special equipment for the property. Olivia now claims that Alison was not her agent because there was no written agency between her and Alison, and denies that she has leased her property to Tom. A court would likely decide that:
Group of answer choices
Olivia need not lease to Tom because Alison was not appointed in writing.
Olivia is estopped from denying the agency.
Alison was a dual agent.
An agency by ratification exists.
Courtney and Jonathan agreed that Jonathan would paint Courtney's home for $800 with Courtney supplying the paint. Jonathan went to Courtney's home on several occasions to do the job, but she never had the paint. Finally, he moved on to other jobs. Six months later, Courtney sued Jonathan for not painting her home. Who is likely to win and why? Include the legal term for Jonathan's offer of performance.
Chapter 26 Solutions
The Legal Environment of Business: Text and Cases
Knowledge Booster
Similar questions
- State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. 1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. ( 2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle. 3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business. 4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. 5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)arrow_forward5 Matthew and Joe were roommates. When they were renting their apartment, each agreed to pay half of the cost of the rent and the cable and electric bills. Two months after moving in, Matthew borrowed Joe's car and was involved in an accident. Matthew promised to pay $2,200 in damages if Joe promised not to file a claim with his insurance company. Joe agreed. However, Matthew never paid him for the damages. He claimed that the agreement was not enforceable because there was no consideration. What is the outcome?arrow_forwardRJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend workingat RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floorof a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can beher exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer,RJ Booker would be entitled to the standard Real Estate industry commission rates for agents.Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agencycontract.Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisahad told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the resultof a property inspection”. The very next day, Mimi received an email offer from a third party and…arrow_forward
- Brandt 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_forward19-2. Duty of Loyalty. Peter hites Alice as an agent to sell a picce of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45.000 and could he higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property ro Carl for $32,000. Peter signs the contract. Just before clos- ing and passage of title, Perer learns about the shopping mall and the increased fair aarket value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's agent, solicited a price above that agreed on when agency was crcated and that the contract is therefore bind- ing and enforceable. Discuss fully whether Peter is bound to this contract. (See: Duties, Righs, and Remedies of Agents and Principals.) thearrow_forward2) Joan, a bedridden, lonely 80 year old woman, owned Greenacre (her family estate) outright. Al, her doctor and friend, visited her weekly and was held to the highest regard by Joan. Joan was terrified of pain and suffering and depended on Al to ease her fears. Several months before her death she deeded Greenacre to Al for $5000. The value of the land was well-over $5,000,000. Joan’s two children challenged the validity of the sale of the land to Al. Was it valid?arrow_forward
- Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…arrow_forward. Spouses Robert and Yollie wanted to sell their house. They found a prospective buyer, Nina, Yollie negotiated with Nina for the sale of the property, They agreed on a fair price of million. Nina sent Yollie a letter confirming her intention to buy the property. Later,another couple, Marius and Ellen, offered a similar house at a lower price of 1.million. But Nina insisted on buying the house of Robert and Yollie for sentimental reasons. Nina prepared a deed of sale to be signed by the couple and a managers check for million. After receiving the million. Robert signed the deed of sale. However, Yollie was not able to sign it because she was saying she changed her mind. Yollie filled suit for nullification of the deed of sale and for moral and exemplary damages against Nina Does Nina have any cause of action against Robert and Yollie?arrow_forwardAlan rents a flat in a block of units in the eastern suburbs of Sydney. One summer evening, during a balcony BBQ, Alan tosses several empty beer cans onto the adjoining balcony of the flat rented by Jimmy. What redress in law, if any, does Jimmy have?arrow_forward
- Undue Influence. Juan is an elderly man who liveswith his nephew, Samuel. Juan is totally dependent on Samuel’s support. Samuel tells Juan that unless he transfers a tractof land he owns to Samuel for a price 35 percent below itsmarket value, Samuel will no longer support and take care ofhim. Juan enters into the contract. Discuss fully whether Juancan set aside this contract. (See Voluntary Consent.)arrow_forwardDeran Cody, a U.S. citizen, married Isolde Trieste, a Portuguese citizen, who came to the U.S. in September 2021 as a tourist to visit her sister. Deran earned $81,000 and Isolde had no U.S. or Portuguese income. Neither Deran or Isolde is a dependent of anyone else. A Form W-7 should be filed for Isolde because she: Qualifies as a resident alien under the substantial presence test. Is a qualifying relative of her sister. Is the qualifying person of a resident spouse, so Deran can claim the head of household filing status. Can make a spousal election to be considered a U.S. resident for tax purposes.arrow_forwardVinson had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally, Vinson's wife, Bethany, had enough of Vinson's gambling. Bethany entered into a written contract with Hyacinth, a gambling addiction therapist who agreed to treat Vinson twice a week for six months. The contract is signed in writing (by the contract parties. Bethany and Hyacinth; and, of course, also by the patient, Vinson). Vinson then begins his counseling. However, after two months. Bethany sees no improvement in Vinson's behavior. After all, her debit cards just got declined at the store, and when she confronted Vinson, he simply stated, "I lost $1,000 on the Miami Marlins last night." Bethany decides she is going to breach the contract, that is, to stop paying Hyacinth. What would a court most likely find, if Hyacinth sues Bethany to enforce the contract and make Bethany pay for the breach? O UCC Article 2…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education