Charles Dong LBS Prof Calderon Legal Assignment Two Enforceability of the Pet Clause in the Lease Rafi should have the right to keep Roscoe in his apartment because his landlord cannot enforce the pet clause of the lease based on the given facts. On one hand‚ the bilateral mistake in the contract invalidates the lease‚ and therefore the pet clause is no longer enforceable. Also‚ the doctrine of promissory estoppel can be used to help Rafi not only keep his dog in the apartment but also
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The following situations are similar (all involve the theft of Makoto’s laptop computer)‚ yet they represent three different crimes. Identify the three crimes‚ noting the differences among them. 1 While passing Makoto’s house one night‚ Sarah sees a laptop computer left unattended on Makoto’s porch. Sarah takes the computer‚ carries it home‚ and tells everyone she owns it. 2 While passing Makoto’s house one night‚ Sarah sees Makoto outside with a laptop computer. Holding Makoto at gunpoint
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2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes‚ the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance‚ it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems
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Explain the facts‚ issues and reason in the case of Carlill v Carbolic Smoke Ball Company. FACTS The Carbolic Smoke Ball Company made a product called the "smoke ball". It claimed to be a cure for influenza and a number of other diseases‚ in the context of the 1889-1890 flu pandemic (estimated to have killed 1 million people). The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user’s nose and squeezed at the bottom
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1 . “The fundamental attribute of corporate personality is that company is a legal entity distinct from the members.”Elucidate the statement .Also specify the important features of a company. 2 . Discuss the essential elements of a valid contract. 4 . What are the characteristics of negotiable Instrument? Discuss the ‘privileges’ of holder in due course as per the provisions of the Negotiable Instruments Act‚ 1881? Also state the important amendment to be incorporated under sec 138 of the
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Pusateri v. E. F. Hutton & Co.‚ Inc. Fiduciary Duty after Francis Pusateri retired; he met with Gilbert J. Johnson‚ a stockbroker with E. F. Hutton & Co.‚ Inc.‚ and informed Johnson that he wished to invest in tax-free bonds and money market accounts. Pusateri opened an investment account with E. F. Hutton and checked a box stating that his objective was “tax-free income and moderate growth.” During the course of a year‚ Johnson churned Pusateri’s account to make commissions and invested Pusateri’s
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Chapter 3 Discussion Questions 1. Explain the difference between constitutional‚ criminal‚ and civil law. What is the relationship of law enforcement to each of these areas of the law? (Refer to Sorichetti v. City of New York) 2. Civil law means that two private individuals are involved in a lawsuit. The plaintiff is seeking either money‚ property‚ or an injunction from the defendant. The government can also be involved as a plaintiff or a defendant in a civil suit if it is seeking or defending
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and Business Law Class Notes June 2012 © Debbie Crossman‚ January 2012 All rights reserved. No part of this publication may be reproduced‚ stored in a retrieval system‚ or transmitted‚ in any form or by any means‚ electronic‚ mechanical‚ photocopying‚ recording or otherwise‚ without the prior written permission of Debbie Crossman. 2 www.studyinteractive.org Contents PAGE INTRODUCTION TO THE PAPER CHAPTER 1: ENGLISH LEGAL SYSTEM CHAPTER 2: LAW OF CONTRACT – FORMATION CHAPTER 3: LAW
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Business Law II Test/Chapters 47-50 Student: ___________________________________________________________________________ 1. Identify the letter of the choice that best completes the statement or answers the question. The Department of Homeland Security: A. has been proposed but has never been created. B. is a non-profit organization. C. is a Cabinet-level Department. D. will have little effect on the federal government’s organization. 2. Which of the following is an accurate statement about the
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Genuine Assent Are you for real? -Valid‚ void‚ voidable. -Valid: perfectly fine contract. -Void: contract cannot be used. -Voidable: a party of the contract has the right to declare it void. -Unilateral Mistake: mistake by one party‚ has no effect on the contract. Contract must be followed‚ even with mistakes. Valid contract. -Mutual Mistake: mistake made by both parties. Causes agreements to be void. -Existence of subject matter. -Nature of the agreement. (For some really good
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