Question
1.L.A. Superior Court is deciding a case involving an issue that has never been addressed before in Californianhistory.TheNew YorkCourt of Appeals (N.Y. Highest court),however, recently
1.L.A. Superior Court is deciding a case involving an issue that has never been addressed before in Californianhistory.TheNew YorkCourt of Appeals (N.Y. Highest court),however, recently decided acase involving a very similar (almost identical) fact pattern. Is the California court obligated to follow the New York court decision in this matter? Why?
2.Lorenzo Bed Accessories, LLC, ordered 120 #4 pillows from WuImport Corp. for delivery on March 30th.Wu delivers 80 instead of 120 on April 15th and asked for payment.Does Lorenzo have the right to reject the shipment?Why?
3.Leroycollects unique motorcycles. He contractswith Alexandria's Parts, LLCwholesale storeto buya gear shaft for his 1914 Zapata Motorcycle. These parts have not been made since World War I and are extremely scarce.Leroy agrees to pay half of the price downtoday(Friday) and advised that he was going to the bank on Monday to get the rest of the funds which is agreed to by Alexandria. Meanwhile,Alexandriafound another buyer on Sunday who needed the same part and was willing to pay twice as much and advises Leroy of that.On Monday,Alexandria was closed by the Bankruptcy Court. Discuss any remedies thatare available for Leroy to enable him to take possession of the gear shaft.
4.Olivia , chief sales manager for PomonaWholesale Carpets, Inc. receives a phone call from Sadie, the Buyer for Covina Home Furnishings, a partnership requesting delivery of carpets for the end of month sale.They agree uponthe same assortment and quantity that they do almost every six months for 4 years.Two days later Sadie gets a letter including terms and conditions for the shipment forthcoming.Is there an enforceable contract between them?Why?
5.Amos Jewels, Inc., had a broach manufacturing company in Los Angelesand send a letter to Monica Family Jewelry Co., located in Pomonafour years ago withterms for orders (including procedures for handling rejects). The letter stated that "By signing below, you agree to these terms".Monica signed the letter and returned it.For the lastfour years Monica had been junking the broaches and obtaining credit from Amos.However, last week Monica received a notice she was being sued for $22, 500 for the items bought the last four years and not returned.Amos based the claim on a postscript (P.S.) note at the bottom of the letter that says, "return the rejected merchandise"Is this P.S. part of the contract? Why?
6.Muhammadtakes his computer for repair toComputers-R -Us who sells and repairs computers. By accident, one of Computer-R-Us employees sells the set to Wei an innocent purchaser who takes possession. Muhammad wants his computer back .If he sues Wei will he prevail?Why?
7.Diego bought acup of bean soup from Pomona Deli. The clerk had run out of soup dishes, so he put it in a cardboard salad bowl. When Diego lifted the bowl the bowl collapse and spilled on hislegs resulting in second degree burns .Diego sued the company ; can he recover using the breach of implied warrantyof merchantability?Why?
8.Vasco bought acellphone fromVerizon.Shortly after the one-year warranty expired the phone failed to work due to a weakness in the product manufacture.Vasco sued Verizon saying that the phone should have lasted "at least a couple of years". Which Vasco believes isreasonableexpectationsof a phone.He claimed that Verizon description on the sign on the store front windowstating"Durable, Rugged, Reliable and High-Performance phones" were affirmative statements concerning the quality and performance of the phone which this one did not meet. Who wins and why?
9.Olivia has a 60-foot yacht that was not under control by anyone as there was a party going on under deck. Olivia allowed the boat to drift and eventually it drifted into theLong Beach dock. The shock of the accident caused a barrel of diesel fuel to tip over and start on fire which destroyed two Mercedes and a Bentley.All three wereparked next to the barrel in a no parking zone.What is Olivia's defense? What is the argument of the car owners?
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