Question
Anthony, a NewJersey resident, and owner of awastedisposal company in NewJerseydecided to expand his business tothefivebroughtofNewYork City. On aSundayafternoonAnthony and some of hisemployeesdrove in the
Anthony, a NewJersey resident, and owner of awastedisposal company in NewJerseydecided to expand his business tothefivebroughtofNewYork City. On aSundayafternoonAnthony and some of hisemployeesdrove in the company SUV across the GeorgeWashingtonBridge and headed to a meeting in the Queens with a localQueens based waste disposal company in the order to enter into ajointventure for the collection ofcommercialwaste.The SUVwas traveling atanapproximately 30 miles per hour and the side street of the Queens as it headed to the meeting. Tony was driving the car and had his employees, Paul andSilvio(allNewJersey residents) sitting in thebackseat of the vehicle.
As Tony left the Long Island Expressway at the Itopia Parkway ramp he stopped at atrafficlight.A trucktravelling from behind was apparentlytravellingover the speed limit and was unable to stop in time. Tony's Yony SUV was "rear-ended" bythe truck. The truck was owned by the local fireworkscompany, Newyorkdomesticcorporationand contained firework for theupcoming4thJulydisplayin theEast River.Paul andSilviosustained injuries as a result of the car crash. They were immediately hospitalized. The SUV was "totaled"andcould not be repaired due to the extensive damage. The damage to the SUV( aspecial designedPorsche)was $85,000. The cost of thehospitalizationtoPaulandSilviowas $15,000 to each respectively.
Anthony was able to keep his business appointmenteven thoughhis entourage was hospitalized. During the business meeting, Anthony was angered that the Queens Company was not interested in the terms of the contract. He held a gun to the head of the Queens Company Vice President and as a result they agreed to enter into a joint venture agreement. His agreement with the Queens based company was as follows:TheQueens company could use his trucks for waste removal. they would pay him a monthly rental for the use of his trucks. the vice President then brought the agreement to the President of the Queens company for signature. The president was awoken from his sleep and presented with the agreement and was told he was signing a contract with a local vendor for truck parts. He signed the agreement without reading it as he was still groggy from being awoken.
Two weeks later Paul, who ownedanappliance store paid for an advertisement in the localDollar savernewspaper. The advertisement stated that the first person who entered the store at 9:00 am on Tuesday October 16, and who purchased a 19" plasmas TV set would receive a free outdoor barbeque set. Jim entered the store at 9:00 am on the 16th, purchased the 19" plasma TV and was advised that the appliance store had no barbeque sets in stock. The same day Paul signed an agreement with Sony to purchaseallthe 19" plasma TVs thatSonyproduces. Two weeks later, when the first shipment arrived, Paul rejects the shipment on the basis that there was no contract because the quantity was "too vague".
Three weeks later Silvio decided to sell his home. He met with the potential buyers and advised them that the zoning for the house permitted the house to be used as a two family dwelling and that the property size was sufficient for the town to permit the construction of an in-ground pool. The real estate broker representingSilvioconcurred. The broker was Silvio nephew. Thepurchasers,who wanted to convert the house to atwo-familydwelling in order to move their parent in, signed the agreement and relied upon the broker and Silvio's representation. Weeks later they met with the local Buildings Department for the town and were told that the zoning laws for the townonlypermitted one family dwelling for their newly purchased house.
You are an attorney working for a large law firm. Anthony, Paul and Silvio retain you to represent them. With the material given prepare an essay explaining the issues presented. Be sure to explain thecourts (Federal or State)to which the matters could be brought and why and the various legal issues that you find in the fact pattern.in each paragraph what is negligence ,which laws applies to the facts.
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