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business law legal environment

Questions and Answers of Business Law Legal Environment

Ethel Greenberg acquired the ownership of the Carlyle Hotel on Miami Beach but had little experience in the hotel business.She asked Miller to participate in and counsel her operation of the hotel,
Yokel, a grower of soybeans, had sold soybeans to Campbell Grain and Seed Company and other grain companies in the past. Campbell entered into an oral contract with Yokel to purchase soybeans from
When Mr. McClam died, he left the family farm, heavily mortgaged, to his wife and children. To save the farm from foreclosure, Mrs. McClam planned to use insurance proceeds and her savings to pay off
Butler Brothers Building Company sublet all of the work in a highway construction contract to Ganley Brothers, Inc. Soon thereafter, Ganley brought this action against Butler for fraud in the
Alice solicited an offer from Robett Manufacturing Company to manufacture certain clothing that Alice intended to supply to the government. Alice contends that in a telephone conversation, Robett
Shane Quadri contacted Don Hoffman, an employee of Al J.Hoffman & Co. (Hoffman), to procure car insurance. Later, Quadri’s car was stolen. Quadri contacted Hoffman, who arranged with Budget
On July 5, 2007, Richard Price signed a written employment contract as a new salesman with the Mercury Supply Company.The contract was of indefinite duration and could be terminated by either party
Explain whether each of the following transactions results in a valid negotiation:a. Arnold gives a negotiable check payable to bearer to Betsy without indorsing it.b. Golden indorses a negotiable
Alpha issues a negotiable check to Beta payable to the order of Beta in payment of an obligation Alpha owed Beta. Beta delivers the check to Gamma without indorsing it in exchange for one hundred
Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check, “Payable to Elizabeth East, (signed) Betty Brown.” What rights, if any,
Marcus issues a negotiable promissory note payable to the order of Parish for $3,000. Parish raises the amount to $13,000 and negotiates it to Hilda for $12,000.a. If Hilda is a holder in due course,
On December 2, 2018, Miles executed and delivered to Proctor a negotiable promissory note for $1,000, payable to Proctor or order, due March 2, 2019, with interest at 14 percent from maturity, in
On January 6, Hughes learned that Miles claimed a breach of warranty by Proctor and, for this reason, intended to refuse to pay the note when it matured.On January 10, Hughes paid Proctor $200, in
On January 2, 2018, seventeen-year-old Martin paid $2,000 for a used motorboat to use in his fishing business, after Dealer’s fraudulent misrepresentation of the condition of the boat.Martin signed
The drawer, Commercial Credit Corporation (Corporation), issued two checks payable to Rauch Motor Company. Rauch indorsed the checks in blank, deposited them to its account in University National
While assistant treasurer of Travco Corporation, Frank Mitchell caused two checks, each payable to a fictitious company, to be drawn on Travco’s account with Brown City Savings Bank. In each case,
Eldon’s Super Fresh Stores, Inc., is a corporation engaged in the retail grocery business. William Drexler was the attorney for and the corporate secretary of Eldon’s and was also the personal
Walter Duester purchased a John Deere combine from St. Paul Equipment. John Deere Co. was the lender and secured party under the agreement. The combine was pledged as collateral.Duester defaulted on
Stephens delivered one hundred eighty-four bushels of corn to Aubrey, for which he was to receive $478.23. Aubrey issued a check with $478.23 typewritten in numbers, and on the line customarily used
Turman executed a deed of trust note for $107,500 payable to Ward’s Home Improvement, Inc. (Ward’s). The note was in consideration of a contract for Ward’s to build a house on Turman’s
While employed as a night watchman at the place of business of A. B. Cate Trucking Company, Fred Fain observed that the office safe had been left unlocked. It contained fifty payroll checks, which
Tate and Fitch were longtime friends. Tate was a man of considerable means; Fitch had encountered financial difficulties.To bolster his failing business, Fitch desired to borrow$60,000 from Farmers
In payment of the purchase price of a used motorboat that had been fraudulently misrepresented, Young signed and delivered to Armstrong his negotiable note in the amount of $2,000 due October 1, with
On August 10, 2016, Theta Electronic Laboratories, Inc., executed a promissory note to George and Marguerite Thomson.Six other individuals, Gerald Exten, Emil O’Neil, James Hane, and their wives
Explain whether the following instrument is negotiable.March 1, 2018 One month from date, I, James Jimson, hereby promise to pay Edmund Edwards: Six Thousand, Seven Hundred Fifty ($6,750.00) Dollars,
Horne executed a $100,000 note in favor of R. C. Clark. On the back of the instrument was a restriction stating that the note could not be transferred, pledged, or otherwise assigned without
The Society National Bank (Society) agreed in a promissory note to lend U.S.A. Diversified Products, Inc. (USAD) up to$2 million in the form of an operating line of credit upon which USAD could make
Edward, a candy manufacturer, contracted to buy one thousand barrels of sugar from Marcia. Marcia failed to deliver, and Edward was unable to buy any sugar in the market. As a direct consequence, he
Daniel agreed that he would erect an apartment building for Steven for $12 million and that Daniel would suffer a deduction of $12,000 per day for every day of delay. Daniel was twenty days late in
Sharon contracted with Jane, a shirtmaker, for one thousand shirts for men. Jane manufactured and delivered five hundred shirts, for which Sharon paid. At the same time, Sharon notified Jane that she
Stuart contracts to act in a comedy for Charlotte and to comply with all theater regulations for four seasons. Charlotte promises to pay Stuart $1,800 for each performance and to allow Stuart one
In which of the following situations is specific performance available as a remedy?a. Mary and Anne enter into a written agreement under which Mary agrees to sell and Anne agrees to buy for $100 per
On March 1, Joseph sold to Sandra fifty acres of land in Oregon that Joseph at the time represented to be fine black loam, high, dry, and free of stumps. Sandra paid Joseph the agreed price of
Linda induced Sally to enter into a purchase of a home theater receiver by intentionally misrepresenting the power output to be seventy-five watts at rated distortion, when in fact it delivered only
Virginia induced Charles to sell Charles’s boat to Virginia by misrepresentation of material fact on which Charles reasonably relied. Virginia promptly sold the boat to Donald, who paid fair value
Copenhaver, the owner of a laundry business, contracted with Berryman, the owner of a large apartment complex, to allow Copenhaver to own and operate the laundry facilities within the apartment
Developers under a plan approved by the city of Rye had constructed six luxury cooperative apartment buildings and were to construct six more. To obtain certificates of occupancy for the six
California and Hawaiian Sugar Company (C and H) is an agricultural cooperative in the business of growing sugarcane in Hawaii and transporting the raw sugar to its refinery in California for
Bettye Gregg offered to purchase a house from the seller.Though she represented in writing that she had between$15,000 and $20,000 in equity in another home, which she would pay to the seller after
Dickinson orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days.After the contract is consummated and signed, Dickinson orally requests that
In Question 1, explain what effect, if any, would the following letter have?International Widget:In accordance with our agreement of this date, you will deliver the one thousand previously ordered
Hicks, a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Hicks’s order form provides that any dispute would be resolved by an arbitration
Explain how the result in Question 3 might change if the U.S.Electronics form contained the following provisions:a. “The seller’s acceptance of the purchase order to which this acknowledgment
On November 23, Blackburn, a dress manufacturer, mailed to Conroy a written and signed offer to sell one thousand sun dresses at $50 per dress. The offer stated that it would “remain open for ten
Henry and Wilma, an elderly immigrant couple, agreed to purchase from Harris a refrigerator with a fair market value of $450 for twenty-five monthly installments of $60.00 per month. Henry and Wilma
HMT, already in the business of marketing agricultural products, decided to try its hand at marketing potatoes for processing.Nine months before the potato harvest, HMT contracted to supply Bell
Schreiner, a cotton farmer, agreed over the telephone to sell 150 bales of cotton to Loeb & Co. Schreiner had sold cotton to Loeb & Co. for the past five years. Written confirmation of the date,
American Sand & Gravel, Inc., agreed to sell sand to Clark at a special discount if at least twenty thousand tons were ordered.The discount price was $9.45 per ton, compared with the normal price of
The defendant, Gray Communications, desired to have a television tower built. After a number of negotiation sessions conducted by telephone between the defendant and the plaintiff, Kline Iron, the
Click2Boost, Inc. (C2B), entered into an Internet marketing agreement with the New York Times Company (NYT). Under the agreement, C2B was to solicit subscribers for home delivery of The New York
Construction Associates (CA) was the successful bidder to construct a water supply line for the city of Breckenridge, Minnesota.CA purchased a large amount of polyvinyl chloride pipe manufactured by
Tammie contracted with Kristine to manufacture, sell, and deliver to Kristine and put in running order a certain machine.After Tammie set up the machine and put it in running order, Kristine found it
Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer that he stated conformed to the contract. Nothing was stated in
Benny and Sheree entered into a contract for the sale of one hundred barrels of flour. No mention was made of any place of delivery. Thereafter, Sheree demanded that Benny deliver the flour at her
Johnson, a manufacturer of air-conditioning units, made a written contract with Maxwell to sell to Maxwell forty units at a price of $200 each and to deliver them at a certain apartment building
Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of
On November 4, Kim contracted to sell to Lynn five hundred sacks of flour at $4 each to be delivered to Lynn by December 12.On November 27, Kim shipped the flour. By December 5, when the shipment
Farley and Trudy entered into a written contract whereby Farley agreed to sell and Trudy agreed to buy six thousand bushels of wheat at $10.33 per bushel, deliverable at the rate of one thousand
The plaintiff, a seller of milk, had for ten years bid on contracts to supply milk to the defendant school district and had supplied milk to other school districts in the area. On June 15, the
In April, F. W. Lang Company (Lang) purchased an ice cream freezer and refrigeration compressor unit from Fleet for$2,160. Although the parties agreed to a written installment contract providing for
Deborah McCullough bought a new car from Bill Swad Chrysler, Inc. The car was protected by both a limited warranty and an extended warranty. McCullough immediately encountered problems with the
Frederick Manufacturing Corporation ordered 500 dozen units of Import Traders’ rubber pads for $2,580. The order indicated that the pads should be “as soft as possible.” Import Traders
In August, Bunge Corporation, a grain dealer, and Recker, a farmer, entered into a written contract under which Recker agreed to sell to Bunge ten thousand bushels of No. 2 yellow soybeans to be
Regan received a letter from Chase, the material portion of which stated, “Chase hereby places an order with you for fifty cases of Red Top Tomatoes. Ship them C.O.D.” As soon as he received the
On May 10, the Adair Company, acting through Brown, entered into a contract with Clark for the installation of a milking machine at Clark’s farm. Following the enumeration of the articles to be
Brown contracted to buy sixty cases of Lovely Brand canned corn from Smith, a Toledo seller, at a contract price of $1,260.Based on the contract, Smith selected and set aside sixty cases of Lovely
Franco, a New York dealer, purchased twenty-five barrels of specially graded and packed apples from a producer at Hood River, Oregon, under a contract that specified an agreed price on delivery at
Smith was approached by a man who introduced himself as Brown of Brown & Co. Smith, who did not know Brown, asked Dun & Bradstreet for a credit report on Brown. He thereupon sold Brown some expensive
Charlotte, the owner of a new Cadillac automobile, agreed to loan the car to Ellen for the month of February while she(Charlotte) went to Florida for a winter vacation. It was understood that Ellen,
Johnson, who owns a hardware store, was indebted to Hutchinson, one of his suppliers. Johnson sold his business to Lockhart, one of Johnson’s previous competitors. Lockhart combined the inventory
A seller had manufactured forty thousand pounds of plastic resin pellets especially for a buyer, who agreed to accept them at the rate of one thousand pounds per day upon his issuance of shipping
James Norwood bought one hundred ninety heifers in Valentine, Nebraska, and delivered them to Kevin Asbury in Missouri, who was to care for them. Norwood and Asbury were merchants with regard to
At the start of the social season, Aunt Lavinia purchased a hula skirt in Sadie’s dress shop. The salesperson told her, “This superior garment will do things for a person.” Aunt Lavinia’s
The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dorothy and Bird visited the store of Young, and Dorothy,
John Doe purchased a bottle of “Bleach-All,” a well-known brand, from Roe’s combination service station and grocery store. When John used the “Bleach-All,” his clothes severely deteriorated
A route salesperson for Ideal Milk Company delivered a half-gallon glass jug of milk to Allen’s home. The next day, when Allen grasped the milk container by its neck to take it out of his
John purchased for cash a Revenge automobile manufactured by Japanese Motors, Ltd., from an authorized franchised dealer in the United States. The dealer told John that the car had a“twenty-four
Fred Lyon of New York, while on vacation in California, rented a new model Home Run automobile from Hart’s Drive-A-Car.The car was manufactured by the Ange Motor Company and was purchased by
The plaintiff brings this cause of action against a manufacturer for the loss of his leg below the hip. The leg was lost when caught in the gears of a screw auger machine sold and installed by the
The plaintiff, while driving a pickup manufactured by the defendant, was struck in the rear by another motor vehicle.Upon impact, the plaintiff ’s head was jarred backward against the rear window
The plaintiff, while dining at the defendant’s restaurant, ordered a chicken pot pie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her
Salem Supply Co. sells new and used gardening equipment.Ben Buyer purchased a slightly used riding lawn mower for$1,500. The price was considerably less than that of comparable used mowers. The sale
Seigel, a seventy-three-year-old man, was injured at one of Giant Food’s retail food stores when a bottle of Coca-Cola exploded as he was placing a six-pack of Coke into his shopping cart. The
Guarino and two others (plaintiffs) died of gas asphyxiation and five others were injured when they entered a sewer tunnel without masks to answer the cries for help of their crew leader,
Mrs. Embs went into Stamper’s Cash Market to buy soft drinks for her children. She had removed five bottles from an upright soft drink cooler, placed them in a carton, and turned to move away from
Vlases, a coal miner who had always raised small flocks of chickens, spent two years building a new two-story chicken coop large enough to house four thousand chickens. After its completion, he
Heckman, an employee of Clark Equipment Company, severely injured his left hand when he caught it in a power press that he was operating at work. The press was manufactured by Federal Press Company
For sixteen years, the late Mrs. Dorothy Mae Palmer was married to Mr. Schultz, an insulator who worked with asbestos products. Mrs. Palmer was not exposed to asbestos dust in a factory setting;
A gasoline-powered lawn mower, which had been used earlier to cut grass, was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate
The plaintiff ’s children purchased an Aero Cycle exercise bike for their mother to use in a weight-loss program. The Aero Cycle bike was manufactured by DP and purchased from Walmart. The first
Raymond and Sandra Duford purchased a wood-burning stove from Sears. The stove was manufactured by Preway, Inc. At trial, it was shown that Raymond had inadvertently installed the section of the
Mae contracted to sell one thousand bushels of wheat to Lloyd at $10.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae
On January 10, Betty, of Emanon, Missouri, visited the showrooms of the Forte Piano Company in St. Louis and selected a piano. A sales memorandum of the transaction signed by Betty and the salesman
Henry and Mary entered into a written contract whereby Henry agreed to sell and Mary agreed to buy a certain automobile for $8,500. Henry drove the car to Mary’s residence and properly parked it on
The ABC Company, located in Chicago, contracted to sell a carload of television sets to Dodd in St. Louis, Missouri, on sixty days’ credit. ABC Company shipped the carload to Dodd.On arrival of the
Calvin purchased a log home construction kit, manufactured by Boone Homes, Inc., from an authorized Boone dealer.The sales contract stated that Boone would repair or replace defective materials and
Servebest contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the market price, Emessee refused to pay the contract price
Mrs. French was the highest bidder on eight antique guns at an auction held by Sotheby & Company. Mrs. French made a down payment on the guns but subsequently refused to accept the guns and refused
Appalachian is a coal hauling company in southern West Virginia.Appalachian purchased four new Mack trucks for offroad coal hauling. Appalachian purchased three of the trucks for $165,000 each and
In May, Patricia Allen left her automobile on the shoulder of a road in the city of Erehwon after the car stopped running.A member of the Erehwon city police department found the car later that day

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