Sullivann Foster Case 4.8.2
P.235
8.1
Yes, Rocky and Monica had a contract because when Monica entered the race she was inadvertently entering and accepting the contract put forth by Rocky. Due to the fact that the rules stated that the terms of the race can be altered at any given time, Monica cannot justify bring legal action against him for giving her less than the original prize amount.
8.2
In this situation Ball did not send Sullivan a definite purchase offer. He only asked further information about pricing. In addition, Sullivan did not forward Ball a sales offer just specific details on pricing.A legal mutual agreement was never formed for the selling of the land. Sullivan can use the fax as an offer to purchase in the event that Sullivan decides to sell the land to Ball for $60,000, but Ball can not hold Sullivan to any legal agreement.
P.263
9.1 When the contract was assimilated kalen was a minor as viewed by law , and worked in order to earn money to provide for himself. He is not legally liable for the remainder of payments due under the lease agreement. A minor, who enters a legal contract such as in this case to rent an apartment, …show more content…
may disregard the contract but remains liable for the reasonable value of the goods and services provided . The landlord cannot lawfully hold him liable for any of the outstanding payments. Minors are protected by law, which means that they are excluded from civil , political and legal activities due to the lack of possessing competence.
9.2 After analyzing this case,there is sufficient justification for Jerome to set this pressured contract agreement aside mainly because the contract was formulated under duress and undue influence.
According to the definition of Duress on page 262. (Business Law Today,2017), “Duress is the act of utilizing a threat in order to force a party to agree a contract”. The party that is forced into a contract , which in case Jerome can legally repeal the contract set forth by his nephew Philip. He used his Uncle's old age and his dependence to constrain his uncle emotional to sign the contract that would give Jerome a tract of land 30% under market value. This is action by Jerome showcases Undue influence where he exploited in his business relationship with his weak and elderly uncle to get his demands fulfilled. Which is morally and ethically
wrong
P.291
10.1 In contrast to VanHorn's allegation, the court should acknowledge that Barton did take reasonable precautions to alleviate her compensations by searching for employment . As a result, it’s evident that the court should grant Barton $72,000 for the one year’s salary she would have been entitled to if VanHorn had not retracted their agreement, including the expenditures to relocate to London. Moreover, there isn’t any justification provided by VanHorn to break the contract .As clearly mentioned in the service contract, Barton still would be liable for the other costs that would arise , such forfeiting $30,000 dollars worth of child support which not only negatively impacts her but her children as well, so these amounts are not included in the court award.
P. 323
According to the UCC regulations both parties in this business transaction are merchants for the selling of goods which are more tangible objects like the Tshirt that are provided to Bailey by “Dependable Truck line “ . In this case the core reason for the contract is the delivery of T-shirts for a price. Strike the Distributer offers Bailey and quoted price and delivery method of which Bailey “agrees” with the set price but states that she wants the delivery of the goods to be by “Yellow express Trucking”. Strike ships the goods using a different delivery company. Bailey refuses the goods even though it clear she agreed to the contract. Instead of saying I agree she should have said I won't agree to this contract unless you change the delivery method which is an unimportant aspect of the contract.With that said If one could imagine a scenario where if the delivery method materially changed the condition of the agreement . For example, If strike would have changed the quantity of the Shirts which would also increase the price of the goods. More importantly it's unclear why Strike did not acknowledge Bailey altering the delivery method but not the goods . Bailey cannot break the contract because according to the “shipment contract-title and risk pass on the seller’s delivery of conforming goods to the carrier, and also referring to “The Formation of sales and lease contract -which states that not all terms have to be included for a contract to be formed, on the subject matter and quantity terms must be specified.” This makes it clear that as long as the price and quantity is mentioned as it was in the Contract all other terms are not crucial and cannot be used to legally refrain from a contract.
The consumer Credit protection act was enacted to ensure transparent credit practices were exercised in American consumer affairs.The first main point of the law is to restrict the total amount of earnings that might be garnished to 25% of earrings. The second main point is that an employee cannot be fired due to earnings subjected to garnishment for a single debt. The last main point is that these laws cannot be implemented in cases where child support, state/federal tax payments or a filed bankruptcy, because a judge can allow a higher amount of earnings to be withheld.
P.373
According to state and federal law, since Andrew did not put in an order for the book, and it was delivered to him without his approval as compared to being an error, He legally has the permission to accept it as a gift. In conclusion he does not have to pay for it and can dispose of it without any penalty.It is illegal for any company to send you goods without your request and if they do it must clearly have stated that it is a gift. It would be illegal for the company to ask him to pay for such a gift or to ask him to return it.Andrew has the full right to take the company to court on charges for prejudiced and illusory business practices and also file a complaint at the state attorney general's office of consumer protection and the Federal Trade Commission. He also has the option of filing a criminal objection for exercising fraud by dishonest. If Andrew had been informed prior to receiving the package, the company could have succeeded in intimidation to make him pay for something of which he had no obligation to.
P.406
If one assumes that Barnard who is the signer of the note used collateral to ensure the loan then he is responsible to enforce the note weakens the significance of the collateral. Therefore Barnards right of alternative rejection to the amount that is required . Bernard sold the truck without sending payment to Trustmark national Bank as mandated in the note. Barnard was a progressive shareholder in the indemnity impairment. Barnard was accused of negligence by the owner of Easy Way Automotive. Barnard is responsible for the note to buy the two trucks.
P.428
15.1
In most cases it is the responsibility of the bank to perform a concise verification if customers’ signatures before allowing the checks to be processed. The reality is that most banks process checks using machines instead of manually doing a signature verification which might have caught the presence of a forged signature by the slight differences. With that said as the holder of an account you are expected to regularly check your banking statements to identify an inconsistencies and report them to the Financial institution for investigation. In this scenario the bank is not liable for the financial damage caused,
15.2
The claim made by Gary holds no significance because he carelessly lost his checks which led to Dolores finding two blank checks and taking money from his account. He failed to report to his financial institution that he lost his checks so The bank could strictly monitor his bank account for suspicious activity. He realizes the forged checks being cashed on his statement towards the end of the month . It is possible if he had reported the forgery as soon as it was identified the Bank might have helped him reduce the damages caused to his bank account. In the legal sense negligence is viewed as a legal cause of damage which is identified by the action of another person or another perplexing cause. In this case where forgery took place at the bank there are not legally not liable for the damage
8.1
Yes, Rocky and Monica had a contract because when Monica entered the race she was inadvertently entering and accepting the contract put forth by Rocky. Due to the fact that the rules stated that the terms of the race can be altered at any given time, Monica cannot justify bring legal action against him for giving her less than the original prize amount.
8.2
In this situation Ball did not send Sullivan a definite purchase offer. He only asked further information about pricing. In addition, Sullivan did not forward Ball a sales offer just specific details on pricing.A legal mutual agreement was never formed for the selling of the land. Sullivan can use the fax as an offer to purchase in the event that Sullivan decides to sell the land to Ball for $60,000, but Ball can not hold Sullivan to any legal agreement.
P.263
9.1 When the contract was assimilated kalen was a minor as viewed by law , and worked in order to earn money to provide for himself. He is not legally liable for the remainder of payments due under the lease agreement. A minor, who enters a legal contract such as in this case to rent an apartment, …show more content…
may disregard the contract but remains liable for the reasonable value of the goods and services provided . The landlord cannot lawfully hold him liable for any of the outstanding payments. Minors are protected by law, which means that they are excluded from civil , political and legal activities due to the lack of possessing competence.
9.2 After analyzing this case,there is sufficient justification for Jerome to set this pressured contract agreement aside mainly because the contract was formulated under duress and undue influence.
According to the definition of Duress on page 262. (Business Law Today,2017), “Duress is the act of utilizing a threat in order to force a party to agree a contract”. The party that is forced into a contract , which in case Jerome can legally repeal the contract set forth by his nephew Philip. He used his Uncle's old age and his dependence to constrain his uncle emotional to sign the contract that would give Jerome a tract of land 30% under market value. This is action by Jerome showcases Undue influence where he exploited in his business relationship with his weak and elderly uncle to get his demands fulfilled. Which is morally and ethically
wrong
P.291
10.1 In contrast to VanHorn's allegation, the court should acknowledge that Barton did take reasonable precautions to alleviate her compensations by searching for employment . As a result, it’s evident that the court should grant Barton $72,000 for the one year’s salary she would have been entitled to if VanHorn had not retracted their agreement, including the expenditures to relocate to London. Moreover, there isn’t any justification provided by VanHorn to break the contract .As clearly mentioned in the service contract, Barton still would be liable for the other costs that would arise , such forfeiting $30,000 dollars worth of child support which not only negatively impacts her but her children as well, so these amounts are not included in the court award.
P. 323
According to the UCC regulations both parties in this business transaction are merchants for the selling of goods which are more tangible objects like the Tshirt that are provided to Bailey by “Dependable Truck line “ . In this case the core reason for the contract is the delivery of T-shirts for a price. Strike the Distributer offers Bailey and quoted price and delivery method of which Bailey “agrees” with the set price but states that she wants the delivery of the goods to be by “Yellow express Trucking”. Strike ships the goods using a different delivery company. Bailey refuses the goods even though it clear she agreed to the contract. Instead of saying I agree she should have said I won't agree to this contract unless you change the delivery method which is an unimportant aspect of the contract.With that said If one could imagine a scenario where if the delivery method materially changed the condition of the agreement . For example, If strike would have changed the quantity of the Shirts which would also increase the price of the goods. More importantly it's unclear why Strike did not acknowledge Bailey altering the delivery method but not the goods . Bailey cannot break the contract because according to the “shipment contract-title and risk pass on the seller’s delivery of conforming goods to the carrier, and also referring to “The Formation of sales and lease contract -which states that not all terms have to be included for a contract to be formed, on the subject matter and quantity terms must be specified.” This makes it clear that as long as the price and quantity is mentioned as it was in the Contract all other terms are not crucial and cannot be used to legally refrain from a contract.
The consumer Credit protection act was enacted to ensure transparent credit practices were exercised in American consumer affairs.The first main point of the law is to restrict the total amount of earnings that might be garnished to 25% of earrings. The second main point is that an employee cannot be fired due to earnings subjected to garnishment for a single debt. The last main point is that these laws cannot be implemented in cases where child support, state/federal tax payments or a filed bankruptcy, because a judge can allow a higher amount of earnings to be withheld.
P.373
According to state and federal law, since Andrew did not put in an order for the book, and it was delivered to him without his approval as compared to being an error, He legally has the permission to accept it as a gift. In conclusion he does not have to pay for it and can dispose of it without any penalty.It is illegal for any company to send you goods without your request and if they do it must clearly have stated that it is a gift. It would be illegal for the company to ask him to pay for such a gift or to ask him to return it.Andrew has the full right to take the company to court on charges for prejudiced and illusory business practices and also file a complaint at the state attorney general's office of consumer protection and the Federal Trade Commission. He also has the option of filing a criminal objection for exercising fraud by dishonest. If Andrew had been informed prior to receiving the package, the company could have succeeded in intimidation to make him pay for something of which he had no obligation to.
P.406
If one assumes that Barnard who is the signer of the note used collateral to ensure the loan then he is responsible to enforce the note weakens the significance of the collateral. Therefore Barnards right of alternative rejection to the amount that is required . Bernard sold the truck without sending payment to Trustmark national Bank as mandated in the note. Barnard was a progressive shareholder in the indemnity impairment. Barnard was accused of negligence by the owner of Easy Way Automotive. Barnard is responsible for the note to buy the two trucks.
P.428
15.1
In most cases it is the responsibility of the bank to perform a concise verification if customers’ signatures before allowing the checks to be processed. The reality is that most banks process checks using machines instead of manually doing a signature verification which might have caught the presence of a forged signature by the slight differences. With that said as the holder of an account you are expected to regularly check your banking statements to identify an inconsistencies and report them to the Financial institution for investigation. In this scenario the bank is not liable for the financial damage caused,
15.2
The claim made by Gary holds no significance because he carelessly lost his checks which led to Dolores finding two blank checks and taking money from his account. He failed to report to his financial institution that he lost his checks so The bank could strictly monitor his bank account for suspicious activity. He realizes the forged checks being cashed on his statement towards the end of the month . It is possible if he had reported the forgery as soon as it was identified the Bank might have helped him reduce the damages caused to his bank account. In the legal sense negligence is viewed as a legal cause of damage which is identified by the action of another person or another perplexing cause. In this case where forgery took place at the bank there are not legally not liable for the damage