Preview

Law 531 Week 2

Good Essays
Open Document
Open Document
531 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Law 531 Week 2
1. Betty is married to Abel, a successful engineer. They have a joint account which gives them both an American Impress credit card, which they have had for years. They have always made the payments on time and over the years the credit limit has gone up and up. Abel has a skiing accident and dies. A month later, Betty gets a notice that her American Impress card has been cancelled. To make matters worse, the fact that her card has been cancelled is reported to a credit reporting company, which hurts Betty’s credit score and makes it harder for her to get credit. Does the law provide any protections for Betty? What can she do? No, the law does not provide protection for Betty because when a credit card account is a joint account and one spouse dies, the responsibility of handling that account will fall on the surviving party. Betty can protect herself by contacting the credit card company, or pay off the balance on the credit card account and close it, or transfer the account to her name and pay off the remaining balance. If she decides to transfer the account to her name, the credit card company may alter the terms of the original agreement.
2. An elderly lady with poor health and poor eyesight is approached by a door to door salesman. He tells her that if she buys a sectional greenhouse from his company, she can make lots of money raising and selling flowers. She gives him a check for several thousand dollars, way more than she can afford, and signs a contract promising to make monthly payments. He delivers to her house a bunch of greenhouse sections, which have to be assembled. Can she get out of the contract and get her money back? Are there other facts which if known would help you answer this question?
No, she cannot get out of the contract if she meets the three main elements that are needed for a contract to be enforceable, they are:
Offer: Which must be clearly stated and presented to the offered, this can be in either an oral or written form.

You May Also Find These Documents Helpful

  • Good Essays

    Law 531 Week 3

    • 721 Words
    • 3 Pages

    Mediation would most likely be the fastest of all three options, but Hal would not have a chance at a counter suit. The best outcome of mediation would be zero cost to both…

    • 721 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law 421 Week 4

    • 636 Words
    • 2 Pages

    If there was a contract between Big Time Toymaker (BTT) and Chou it was a bilateral contract that was binding when BTT (offeror) paid Chou (offeree) $25K in exchange for limited negotiation privileges for a 90-day period. Consequently, BTT bought the rights to negotiate the distribution agreements for Chou’s board game. A bilateral contract is an agreement of two promises and two performances. The agreement stipulated that at the end of the 90-day period, there wasn’t a distribution agreement unless it was in writing. Considering that an oral contract may result in a binding contract it is my assumption that there was a contract for the 90 day negation period with the exception of the distribution.…

    • 636 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    LAW 421 WEEK 4

    • 478 Words
    • 2 Pages

    5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be avoided?…

    • 478 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    1. All contracts involving interests in land must be in writing to be enforceable –T…

    • 936 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    A common case that involves business disputes of leases with landlords and tenants. A tenant’s lease expires tomorrow and the tenant expects the reimbursement of the security deposit. The tenant cleans and inspects the unit. The unit condition is very good. The tenant gives the keys to the landlord, but the landlord withholds seven hundred and fifty dollars from the thousand dollars security deposit. The landlord claims the tenant left the unit in bad condition and punch holes in the walls. So, the tenant took the landlord to small claims court to retrieve the total security deposit from the landlord. Small claims court is within the state court system. This court system is state limited jurisdiction trial court or inferior trial court. This court hears minor offenses and civil cases that deal with small amounts of money. The landlord can appeal the court’s decision and send the case to the appellate court. The tenant affirms the court that the unit was immaculate. The landlord testimony was…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Cheeseman outlines that employment is subject to the common law of contracts (2010). Pat entered into an agreement with NewCorp for employment; acting on the premise that NewCorp would uphold all terms of the employment agreement, made major personal and financial changes to be available for employment at the assigned duty location. Although Pat signed a document acknowledging his understanding that NewCorp had the freedom to discharge at will—Pats supervisor told Pat he was being discharged because “things weren’t working out”. NewCorp did not follow company procedure to notify Pat of unsatisfactory performance and neglected to offer a Corrective Action Plan. NewCorp, having a signed copy of the discharge at will document, could argue that the company was not required to offer Pat notification or the opportunity to follow the Corrective Action Plan process. An important factor in this instance is the implication that Pat is being released based on unsatisfactory performance. NewCorp is terminating the employment contract without complying with all clauses of the employment contract and as a result Pat is taking a financial loss. Additionally, an employer under the Plant Closing Act Is exempt from notification of lay off for reasons unforeseeable at the time of notification—this does not appear to be the case in Pats situation (Cheeseman, 2010). In NewCorp’ s defense, the company could consider the employment agreement to be a voidable contract with NewCorp having the option to avoid their contractual obligations, which although Pat suffered a loss from the termination of employment, would be personally liable for any decisions or financial ramifications…

    • 710 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A sole proprietorship is a form of business that has a single owner, known as the…

    • 1782 Words
    • 14 Pages
    Good Essays
  • Better Essays

    LAW/521

    • 1556 Words
    • 7 Pages

    An example of a business that can be started through a sole proprietorship is a gutter cleaning service. After creating a name which can be the owners name or a D.B.A. in which he would have to register. The owner would have full responsibility to the decisions of starting the business. The owner will have choices on who to hire, fire, and promote. The business will be started through funds obtained from the owner through his personal funds and personal loans. A disadvantage is that the owner will have to fund all the equipment used for the business with thoses funds. An advantage is he would have total choice on which equipment he purchases. Another advantage is that if an opportunity to sell the business occurs the gutter cleaning owner would have the only voice in making that matter. Depending on where the business is located certain licenses may need to be obtained through local governmental agencys.…

    • 1556 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Which element of a contract requires something of legal value to be provided in exchange…

    • 1968 Words
    • 14 Pages
    Good Essays
  • Good Essays

    Contracts Practice Exam

    • 1173 Words
    • 5 Pages

    An offer is an outward manifestation of intent to be bound by contractual agreement requiring definite and certain terms that are communicated to the offeree.…

    • 1173 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The CARD act of 2009, restricted credit card companies from raising interest rates on existing balances. It also prevented credit card companies from charging a fee for exceeding their borrowing limit unless these customers had explicitly requested this service. It also made it more difficult for credit card companies to target those under 21 years of age- since they now had to provide either proof of parental consent or proof of financial capability.…

    • 5850 Words
    • 24 Pages
    Powerful Essays
  • Powerful Essays

    Law 531

    • 1183 Words
    • 5 Pages

    Conduct an Independent site study to check for new violations. This approach is a wise one. By the organization doing this it insures that all standards are met incase this…

    • 1183 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Law 531

    • 421 Words
    • 2 Pages

    NewCorp would definitely make sure they are exercising equal opportunity in employment, which is the right of all employees and job applicants (1) to be treated without discrimination and (2)…

    • 421 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In order for Ted and Mike to acquire the amount of $10,000, they need to know where to obtain the money. Some ways that Ted and Mike can gather money is by taking out loans from the bank, putting a mortgage on their houses, start a part time job, take out small business loans, grants, funding, and look for investors to support their idea. There are many variations in which Ted and Mike can get money to start their business those are just a few. Ted and Mike will face a lot of complications with starting their own business. When someone starts their own business they need to know how to secure those funds. Securing funds in a business has many problems. A few of those problems are not knowing your financial situation, misunderstanding that success happens over time not overnight, and understanding where the idea being made is going to be in the current marketplace. For a successful business a person’s…

    • 516 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Tutorial2 2013

    • 1724 Words
    • 6 Pages

    (b) If after all the legal avenues for redress have been exhausted (such as bankruptcy), assuming the creditors have not been fully repaid, is there anything else they can do at that stage? What’s the implication of your answer on a business?…

    • 1724 Words
    • 6 Pages
    Good Essays