Business Law Case: Lucy V.
1) SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder can sue on contractual grounds of unconscionable since the prenuptial agreement was acquired through misrepresentation and duress (Clarkson, Miller & Ross, 2015).
Thus, Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover, Schroeder can sue on no complete disclosure on Lucy’s debt or assets, and fraud since Lucy did not keep her promise to buy him a piano although he will “need written evidence of Lucy’s promise to enforce” (Clarkson, Miller & Ross, 2015).
Will he prevail? Of course, Schroeder will prevail since unconscionable, no complete disclosure, and duress exit. Furthermore, “duress …show more content…
Moreover, “a unilateral mistake made by only one party does not give the mistaken party any right to relief from the contract” (Clarkson, Miller & Ross, 2015). Lucy concealed her debts or assets. 2) LUCY V LAWYER On what contractual grounds could she sue? Lucy can sue the lawyer for negligent misrepresentation, misrepresentation by conduct, and malpractice since the lawyer concealed information on not paying his bar dues in three years.
Will she prevail? Definitely, Lucy will prevail since a lawyer is suspended, license is revoked, and the lawyer is not allowed to practice law if they do not pay their bar fees.
What if any defenses, contractual arguments or counterclaims would the Lawyer have? The lawyer will not have any defenses, contractual arguments or counterclaims since he disobeyed the state statute by not paying his bar dues.
Will he prevail in his defenses or his counterclaims? Not at all! The lawyer will not prevail with a defense or a counterclaim since he did not pay his bar fees. As a result, he could be suspended from the practice of law for time period. Moreover, if the lawyer continues to practice after being suspended, he could encounter disciplinary procedures.
3) PIGPEN V
Thus, Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover, Schroeder can sue on no complete disclosure on Lucy’s debt or assets, and fraud since Lucy did not keep her promise to buy him a piano although he will “need written evidence of Lucy’s promise to enforce” (Clarkson, Miller & Ross, 2015).
Will he prevail? Of course, Schroeder will prevail since unconscionable, no complete disclosure, and duress exit. Furthermore, “duress …show more content…
Moreover, “a unilateral mistake made by only one party does not give the mistaken party any right to relief from the contract” (Clarkson, Miller & Ross, 2015). Lucy concealed her debts or assets. 2) LUCY V LAWYER On what contractual grounds could she sue? Lucy can sue the lawyer for negligent misrepresentation, misrepresentation by conduct, and malpractice since the lawyer concealed information on not paying his bar dues in three years.
Will she prevail? Definitely, Lucy will prevail since a lawyer is suspended, license is revoked, and the lawyer is not allowed to practice law if they do not pay their bar fees.
What if any defenses, contractual arguments or counterclaims would the Lawyer have? The lawyer will not have any defenses, contractual arguments or counterclaims since he disobeyed the state statute by not paying his bar dues.
Will he prevail in his defenses or his counterclaims? Not at all! The lawyer will not prevail with a defense or a counterclaim since he did not pay his bar fees. As a result, he could be suspended from the practice of law for time period. Moreover, if the lawyer continues to practice after being suspended, he could encounter disciplinary procedures.
3) PIGPEN V