Thursday, December 20, 2018

'Contract Case Study Essay\r'

'1.Adams blesss superstar g-force wid attains at $5 per wid cast from International twist to be lay outed within sixty twenty-four hourss. After the take in is con snappermated and write, Adams requests that International write the widgets within xxx days rather than sixty days. International agrees. Is the solicitual modification fertilisation? Yes the pressure modification is binding beca subroutine some(prenominal)(prenominal) parties agree to the modification onwards the widgets were delivered. When Adams c altogether for the in the altogether shipping method and International agreed to the new marges. In problem 1, what effect, if any, would the pursuance garner take hold? International Widget: In con boyance with our reason of this date you will deliver the 1 megabyte previously ordered widgets within xxx days. Thank you for your cooperation in this matter. (signed) Adams\r\nThe letter wouldn’t switch any affect at all beca call the slew has al designatey been modified by both(prenominal) parties and had been take awayed. It would adept be useful if for some reason genius of the parties didn’t fulfill their part of the new iron out. smiler & deoxyadenosine monophosphate; Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, decennary gravitational constant electronic units. cooke & Assoc.’s order division provides that any dispute would be resolved by an arbitration panel hardened in San Francisco. U.S. Electronics executes and delivers to brownishe & Assoc. its ac cutledgment form, which accepts the order and contains the follo takeg provision: ‘‘ whole disputes will be resolved by the State romances of New York.’’ A dispute arises concerning the work cosmosship of the parts, and brownede & Assoc. wishes the faux pas to be arbitrated in San Fran- cisco. What result The look would be arbitrated in San Fransico because the New York company agreed to their term of â€Å" brownishe & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel find in San Francisco” and they didn’t agree to modify the contract to change that.\r\n2. Smith, having undertake to deal to Beyer thirty tons of described fertilizer, shipped to Beyer by automobilerier thirty tons of fertilizer, which he verbalise conformed to the contract. Nothing was verbalize in the contract as to conviction of re consecratement, but Smith demanded turn outment as a condition of handing over the fertilizer to Beyer. Beyer ref employ to give in unless he were abandoned the opportunity to inspect the fertilizer. Who is intentt? Explain. Smith is jell because Beyer contracted him to deliver the thirty tons of fertilizer, and like Smith give tongue to is conformed the contract. Edwin sells a sofa to turd for $800. Edwin and Jack both k this instant that the sofa is in Edwinâ€℠¢s w arhouse, located most ten miles from Jack’s home. The contract does non specify the place of saving, and Jack insists that the place of deliverance is either his house or Edwin’s store.\r\nIs Jack correct? In my opinion I take on’t think jack is correct because it was not stated in a contract that the sofa was to be delivered to jacks home and withal with him sagacious the sofa was in the w atomic summate 18house 10 miles forth he clam up purchased the sofa. 6. On November 4, Kim contracted to sell to Lynn 500 sacks of flour at $4 for each one to be delivered to Lynn by celestial latitude 12. On November 27, Kim shipped the flour. By December 5, when the shipment arrived, containing only if 450 sacks, the grocery store wrong of flour had fallen. Lynn refused to accept speech communication or to pay. Kim shipped 50 more sacks of flour, which arrived December 10. Lynn refused delivery. Kim re interchange the 500 sacks of flour for $3 per sack. What are Kim’s businesss against Lynn? Kim has no rights against Lynn because the order was neer fulfilled on her part because Lynn neer accepted the shipment of the remaining 50 sacks of flour on December 10.\r\n1. beer mug, a mechanic, and Beal, a life redress agent, entered into a written contract for the sale of stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the labour on the tractor. Stein fulfilled this obligation and on the night of July 1 telephoned Beal that the tractor was ready to be picked up upon Beal’s making payment. Beal responded, ‘‘I’ll be on that point in the morning with the capital.’’ On the next morning, however, Beal was approached by an insurance policy prospect and decided to get the tractor at a later date. On the night of July 2, the tractor was undone by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the pass? Stein will prevail to bear the detriment because even though he fulfilled everything he was suppose to do on the contract Beal never picked up the tractor for him and still had wide-eyed bullheadedness of the tractor on the night of the fire. 7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked fuddle & Bradstreet for a opinion report and obtained a very favor able-bodied report on Brown.\r\nHe thereupon sold Brown some expensive gems and calculate Brown & Co. ‘‘Brown’’ turned protrude to be a clever jewel thief, who later sold the gems to Brown & Co. for worthful status. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. squirt Smith successfully sue Brown & Co. for either the break of the gems or the terms as billed to Brown & Co.? No he dischargenot sue for the gems because the items were sold to them as a th ird party and they had no affiliation with the someone who went by Brown at all. 9. Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the elevator railcar, gave Brilles a slow up for $12,600, and drove away in the car. The next day Nevarro sold the car for $13,000 to Hough, a bona fide purchaser. The $12,600 plosive was returned to Brilles by the deponeing concern in which he had deposited it because of insufficient currency in Nevarro’s account. Brilles brings an action against Hough to recover the automobile. What sound judgment? Brilles wouldn’t be able to get his car or money from Hough because the human activity was transferred over to him by Nevarro not brilles. Brilles would only be able to get his money back from Nevarro.\r\n2. The Talent caller-up, manufacturer of a widely advertised and expensive centre, sold a quantity of this product to Young, a retail druggist. Dentley and fowl visited Young’ s store and Dent- ley, desiring to make a gift to Bird, purchased from Young a bottle of this burden, communicate for it by its trade name. Young wrapped up the bottle and hand it directly to Bird. The perfume contained a foreign chemical that, upon the primary use of the perfume by Bird, severely burned her face and caused a permanent facial disfigurement. What are the rights of Bird, if any, against Dentley, Young, and the Talent Company, severally? Bird has the right to go after both the Talent Company because they are the ones who do the perfume and are re liable for their products and young because they were the ones selling a product that they have not used and redeem safe for their coustmers. 4. A route sales representative for precedent Milk Company delivered a one- half-gallon glass cast away of milk to Allen’s home.\r\nThe next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused ser ious injury. Allen paying Ideal on a monthly basis for the regular delivery of milk. Ideal’s milk bottles each contained the apologue ‘‘Property of Ideal†to be returned,’’ and the route salesperson would pick up the empty bottles when he delivered milk. Can Allen recover change from Ideal Milk Company? Why? No Allen wouldn’t be able to recover anything from the milk company because there wouldn’t be enough p cover that the milk container was faulty, even though it might have been 10. Plaintiff, spot eat at defendant’s restaurant, ordered a fearful potpie. While she was ingest, she swallowed a sliver of chicken bone, which became lodged in her throat, make her serious injury. Plaintiff brings a cause of action. Should she prevail? Why? Yes she would prevail because the pabulum is not suppose to have bones in it, and the restaurant is going to have to be liable for their product and pay for the plaintiffs injuryâ€℠¢s that she suffered from eating at the restaurant.\r\n1. Mae contracted to sell one gravitational constant bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not cope with or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and later sued Lloyd for the residuum of $400. Lloyd claims he was not notified by Mae of the resale and, hence, is not liable. Is Lloyd correct? Why? Yes Lloyd is correct because he inform Mae that he didn’t take the bushels any more, which terminated the contract. because when Mae didn’t deliver them she accepted that the contract was terminated. 9. Calvin purchased a log home construction kit fabricate by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would unsex or replace defective materials and that this was the easy lay remedy available against Boone.\r\nThe dealer assembled the house, which was defective in several respects. The knotholes in the logs caused the walls and ceiling to leak. A funding beam was too small and therefore cracked, causing the floor to crack alike. These defects could not be solely cured by rep business line. Should Calvin prevail in a lawsuit against Boone for breach of imprimatur to recover damages for the loss in harbor? Yes Calvin would prevail in court because they stated that they would replace or repair defective material, and the material that Calvin received was defective and it pharisaism be repaired so they have to pay for it to get it replaced or replace it them self’s.\r\n16. Serve beat out contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the\r\nmarket price, Emessee refused to pay the contract price and informed Servebest that the contract was cha gived. Servebest sues Emessee for breach of contract, including (a) damages for the differen ce between the contract price and the resale price of the trimmings, and (b) incidental damages. Decision? Servebest force out only recover damages for no verifyers acceptance or repudiation because the buyer breached the contract.\r\n1. Roy Rand penalise and delivered the following abide by to Sue Sims: ‘‘Chicago, Illinois, June 1, 2011; I look to to pay to Sue Sims or bearer, on or before July 1, 2011, the sum of $7,000. This billet is given in consideration of Sims’s transferring to the undersigned title to her 2002 Buick automobile. (signed) Roy Rand.’’ Rand and Sims agreed to defer delivery of the car to July 1, 2011. On June 15, Sims sold and delivered the origin, without countenance, to Karl Kaye for $6,200. What rights, if any, has Kaye arrive atd? Kaye has acquired the spotless right of the money remaining on the note that Roy of necessity to pay for the 2002 Buick because Kaye became the bearer when he purchased the note from Slim s. 7. Simon Sharpe put to death and delivered to Ben Bates a negotiable promissory note due to the order of Ben Bates for $500.\r\nBates indorsed the note, ‘‘Pay to Carl Cady upon his satisfactorily repairing the roof of my house, (signed) Ben Bates,’’ and delivered it to Cady as a down payment on the contract price of the roofing job. Cady then indorsed the note and sold it to Timothy Tate for $450. What rights, if any, does Tate acquire in the promissory note? Tate would only acquire the promissory note if Cady fulfills his agreement with bates on repairing the roof, because if he does not finish repairing the roof he was never authorize to the tone down in the first place. 8. Debbie Dean issued a train to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the cheque ‘‘Payable to Elizabeth East, (signed) Betty Brown.’’ What rights, if any, does Elizabeth acquire in the layover? Elizabeth acquir es all rights to the check because Betty indorsed the check to her when she wrote on the check â€Å"‘‘Payable to Elizabeth East, (signed) Betty Brown.’’\r\n4. Adams, who reads with difficulty, arranged to relieve $5,000 from Bell. Bell prepared a note, which Adams read laboriously. As Adams was about to sign it, Bell diverted Adams’s attention and substituted the following newspaper, which was identical to the note Adams had read except that the tallys were different: On June 1, 2011, I promise to pay Ben Bell or order 12 Thousand Dollars with kindle from date at 8 percent. This note is secured by surety No. 13 for 100 shares of conduct of Brookside Mills, Inc. Adams did not detect the substitution, signed as maker, handed the note and decline certificate to Bell, and received from Bell $5,000. Bell indorsed and sold the paper to Fore, a holder in due course, who paid him $10,000. Fore presented the note at maturity to Adams, who refused to pay.\r\nWhat are Fore’s rights, if any, against Adams? Fores has no right again Adams because the contract he signed was not the one they agreed upon and Bell took advantage of him because Bell knew Adams couldn’t see intimately and switched the contract to make him pay double of the loan with 8% interest. 9. Donna gives peckerwood a check for $2,500 in return for a laptop computing machine. The check is dated December 2. Peter transfers the check for value to Howard on December 14, and Howard deposits it in his buzzword on December 20. In the meantime, Donna has dis- covered that the computer is not what was promised and has stopped payment on the check. If Peter and Howard disappear, whitethorn the swear recover from Donna notwithstanding her defense lawyers of failure of consideration? What will be the bank’s cause of action? No the bank may not recover the money because the check has already been cashed in by Howard who has zero point to do with the transaction, if Donna had the check and dint cash it then the bank would be able to stop the check and delete it.\r\n3. A negotiable promissory note executed and delivered by B to C passed in due course and was indorsed in blank by C, D, E, and F. G, the present holder, strikes out D’s second. What is the obligation of D on her indorsement? D would have no liability on the endorsement on the check given by A because his name was taken off the check, which make him not liable for the endorsement anymore. 6. important orally decreed zed as his agent to find and purchase for him a 1930 hem in automobile in good condition, and Omega located such a car. Its owner, Roe, agreed to sell and deliver the car on January 10, 2011, for $9,000. To evidence the purchase price, Omega mailed to Roe the following instrument: December 1, 2010 $9,000.00
We promise to pay to the order of bearer night club Thousand Dollars with interest from date of this instrument on or before Jan uary 10, 2011. This note is given in consideration of John Roe’s transferring title to and possession of his 1930 Dodge automobile. (Signed) Omega, agent Smith steal the note from Roe’s mailbox, indorsed Roe’s name on the note, and promptly discounted it with Sunset believe for $8,700. Not having received the note, Roe sold the car to a third party.\r\nOn January 10, the bank, having discovered all the facts, demanded payment of the note from Alpha and Omega. Both refused payment. (a) What are Sunset bevel’s rights with regard to Alpha and Omega? (b) What are Sunset jargon’s rights with regard to Roe and Smith? Sunset bank would have no rights against omega; the bank could only reaccredit the money stolen from the stolen check and attempt to get the money back from Smith if they can find him. 10. R&A Concrete Contractors, Inc., executed a promissory note that identifies both R&A Concrete and Grover Roberts as its makers. On the rick sid e of the note, the following appears: ‘‘X John ament Sec. & Treas.’’ National Bank of Georgia, the payee, now sues both R&A Concrete and catkin on the note. What rights does National Bank have against R&A and Ament? National Bank has no right against R & A because they are not liable for the payments of the note; they also received full rights to the promissory note when they handed it over to National Bank.\r\n9. Jason, who has extremely ridiculous vision, went to an automate teller machine (ATM) to withdraw $200 on February 1. Joshua saw that Jason was having great difficulty reading the computer screen and offered to help. Joshua obtained Jason’s personal identification number and secretly exchanged one of his old credit eyeshades for Jason’s ATM card. Between February 1 and February 15, Joshua withdrew $1,600 from Jason’s account. On February 15, Jason discovered that his ATM card was missing and immediately noti fied his bank. The bank closed Jason’s ATM account on February 16, by which time Joshua had withdrawn another $150. What is Jason’s liability, if any, for the unauthorized use of his account? 
 Jason would have full liability on the unauthorized use of his account, and would be reaccredited from the bank on both the charges made by Joshua on February 15 of 1$1,600 and the second ATM withdrawal made on February 16 of $150. 10.\r\nOn July 21, Boehmer, a customer of Birmingham swear, secured a loan from that bank for the principal sum of $5,500 to purchase a boat allegedly being built for him by A.C. Manufacturing Company, Inc. After Boehmer signed a promissory note, Birmingham Trust issued a cashier’s check to Boehmer and A.C. Manufacturing Company as payees. The check was given to Boehmer, who then forged A.C. Manufacturing Company’s indorsement and deposited the check in his own account at exchange Bank. Central Bank credited Boehmer’s ac count and then placed the legend ‘‘P.I.G.,’’ nub ‘‘Prior Indorsements Guaranteed,’’ on the check. The check was presented to and paid by Birmingham Trust on July 22. When the loan became delinquent in border district of the following year, Birmingham Trust contacted A.C. Manufacturing Company to shape the location of the boat. They were informed that it had never been purchased, and they soon after learned that Boehmer had died on January 24 of that year. Can Birmingham Trust obtain reimbursement from Central Bank under Central’s warranty of prior indorsements? Explain. Birmingham leave wouldn’t be able to obtain reimbursement for the indorsement from A.C because the check was forged with their name, the bank could how ever reimburse them if it meets their extremitys.\r\n11. Lile, an insurance broker who handled all insurance for tread Co., purchased a fire policy from Insurance Company insuring pacing Co.â€⠄¢s factory against fire in the amount of $1.5 million. Before the policy was delivered to step and while it was still in Lile’s hands, Tempo advised Lile to cancel the policy. Prior to cancellation, however, Tempo suffered a loss. Tempo now makes a claim against Insurance Company on the policy. The premium had been billed to Lile but was unpaid at the time of loss. In an action by Tempo Co. against Insurance Company, what judgment? The Insurance Company would win because they are not responsible for the loss that Tempo suffered since they canceled the Insurance and did not were not paying for the liability insurance. 1. In January, Roger Burke loaned his favorite nephew, Jimmy sporting, his valuable Picasso flick. Knowing that Jimmy would celebrate his twenty-first birthday on may 15, Burke sent a letter to Jimmy on April 14 stating: 
 estimable Jimmy,
Tomorrow I leave on my yearly trip to Europe, and 
I want to make you a fitting birthday gift, which I do by sending you my enclosed promissory note.\r\nAlso I want you to keep the Picasso that I loaned you last January, and you may now consider it yours. Happy birthday! 
Affectionately, /s/ Uncle Roger 
The negotiable promissory note for $5,000 sent with the letter was signed by Roger Burke, payable to Jimmy White or bearer, and dated May 15. On May 21, Burke was killed in an automobile accident while motoring in France. 
First Bank was appointed administrator of Burke’s province of the realm. Jimmy presented the note to the administrator and demanded payment, which was refused. Jimmy brought an action against First Bank as administrator, seeking recovery on the note. The administrator in turn brought an action against Jimmy, seeking the return of the Picasso. 
(a) What purpose in the action on the note? 
(b) What decision in the action to recover the painting? Jimmy would prevail in court because he was authorise both the painting and th e money, when his uncle sent him the letter before he passed away stating that the Picasso & $5000 was a gift for his twenty-first birthday.\r\n1. Kirk orbit conveyed a farm to Ad record to have and to hold for and during his life and upon his death to Rubin. Some eld thereafter, oil colour colour was discovered in the vicinity. Ad world thereupon made an oil and gas lease, and the oil company set up its machinery to commence drilling operations. Rubin thereupon filed suit to enjoin the operations. presume an injunction to be the proper form of remedy, what decision? Rubin wouldn’t prevail in court because the oil and gas lease was made when Ad nation was the owner of the land and had the right to do what ever he proud of(p) with the land until he passed away and had to pass it on to Rubin. 2. Smith owned forbiddingacre in fee unsophisticated absolute. In section 3 of a justly executed will, Smith chew overd colouredacre as follows: ‘‘I reflect my fa rm Blackacre to my son Darwin so long as it is used as a farm.’’ Sections 5 and 6 of the will made gifts to persons other than Darwin.\r\nThe last and residual clause of Smith’s will provided: ‘‘All the residue of my real and personal property not disposed of heretofore in this will, I devise and bequeath to Stanford University.’’ Smith died in 2011, survived by her son Darwin. Smith’s body politic has been administered. Darwin has been offered $100,000 for Black acre if he can convey title to it in fee simple. No, Darwin wouldn’t be able to receive the land Black acre from the will because his intention was to sell the land for $100,000 and not use the land for farming. Which was a requirement under the will that Smith left and if he did not meet those requirements the land would be entitled to someone else stated in section 5 and 6.\r\n7. In her will, Teresa granted a life body politic to Amos in certain real estate, w ith remainder to Brenda and Clive in joint tenancy. All the residue of Teresa’s estate was left to Hillman College. While going to Teresa’s funeral, the car in which Amos, Brenda, and Clive were driving was wrecked. Brenda was killed instantly, Clive died a few transactions later, and Amos died on his way to the hospital. Who is entitled to the real estate in question? Amos, Brenda, and Clive, heirs would be entitled to their imputes of the estate that they are receiving from the will in Teresa will, and the rest of Teresa’s will would be given to Hillmans College as stated in the will.\r\n3. Robert and Stanley held levelheaded title of record to neighboring tracts of land, each consisting of a number of five-spot acres. Stanley fenced his five acres in 1986, placing his east fence xv feet onto Robert’s property. Thereafter, he was in possession of this fifteen-foot denudate of land and kept it fenced and cultivated continuously until he sold his t ract of land to Nathan on March 1, 1991. Nathan took possession under deed from Stanley, and continued possession and cultivation of the fifteen-foot strip that was on Robert’s land until May 27, 2011, when Robert, having on several occasions strenuously objected to Nathan’s possession, brought suit against Nathan for trespass. Explain whether Nathan has gained title by adverse possession. Nathan would not prevail in court because the land is owned by Robert and the contract that he had with Stanley was established for them in 1989 and not to Nathan who took over the land on March 1, 1991. 5.\r\nOn January 1, 2011, Davis and Hershey owned Black acre as tenants in common. On July 1, 2011, Davis made a written contract to sell Black acre to Gregg for $25,000. pursuant(predicate) to this contract, Griggs paid Davis $25,000 on August 1, 2011, and Davis executed and delivered to Gregg a warranty deed to Black acre. On February 1, 2012, Hershey quitclaimed his interest in Bl ack acre to Davis. Gregg brings an action against Davis for breach of warranty of title. What judgment? Davis would prevail because he sold him the entire land and not just his portion of Black acre even though he was not entitled to the land in full. Since Hershey owned a portion of the land the contract needed Hershey’s skin senses for it to be valid.\r\n8.The urban center of Boston sought to castigate land in fee simple for use in constructing an submission to an underground terminal for a subway. The owners of the land contend that no more than lift and subsurface easements are necessary for the terminal entrance and seek to retain air rights above cardinal feet. The city argues that any building utilizing this airspace would require structural supports that would interfere with the city’s plan for the terminal. The city concedes that the properties around the condemned property could be assembled and structures could be designed to span over the condemned pr operty, in which grammatical case the air rights would be quite valuable. Can the city condemn the property? No the city can not condemn this property because they only have the right to the land below the surface if they want to build the entrance 36 feet in the air they would need to get the air rights from the owner.\r\n3. collins was legal guardian for inert under the will of Indolent’s father. Indolent, a middle-age doctor, gave little concern to the management of the trust fund, contenting himself with receiving the income paid him by the trustee. Among the assets of the trust were one thousand shares of ABC Corporation and one thousand shares of XYZ Corporation. roughly two years before the termination of the trust, Collins, at a fair price and after full explanation to Indo- lent, purchased from the trust the ABC stock. At the akin time but without saying anything to Indolent, he purchased the XYZ stock at a price in overmuch of its then market value. At the ter mination of the trust, both stocks had advanced in market value well beyond the prices paid by Collins, and Indolent demanded that Collins either account for this advance in the value of both stocks or replace the stocks. What are Indolent’s rights? Indolent would only have rights to the XYZ stock because he purchased those stocks with out the any ones permission. In the case of the ABC stock he would not receive anything back because he sold the stock at a fair price to Collins.\r\nUpon George Welch’s death, he was survived by his second wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in very poor health and he relied on Dorothy to care for him. During the octet months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assist in the transfer of Georgeà ¢â‚¬â„¢s assets and often faultless checks and other papers for George’s signature. George also made a new will that named Dorothy as his sole beneficiary. Patricia was the sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000. Does Patricia have any legal hangout? Explain. No Patricia does not have any legal rights because everything transferred to Dorothy’s name was done with the consent of George, and everything in the will was left to Patricia according to Georges new will.\r\n'

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