Attorney Liberty is preparing to present a training and professional development seminar for the firm's paralegals. Liberty has asked you to create a presentation for the training seminar. You are to analyze several hypothetical fact scenarios, conduct research, and develop solutions to the issues and problems posed in the scenarios.

The research findings and recommended solutions will be used for discussion in the training seminar.

Fact Scenario I

Monica raises chickens for sale to supermarkets, wholesale distributors, and specialty meat shops. Monica raises three categories of chickens: cage-free chickens, grain-fed chickens, and organic chickens.

Monica held lengthy discussions with a business acquaintance, Winston, who is interested in purchasing chickens for his business.

After extended meetings and negotiations, Winston contracted to buy $50,000.00 worth of "chickens" from Monica. Their final agreement was in writing and contained only the term "chickens". The agreement did not specify which category of chicken Winston was purchasing.

After receiving the shipment of chickens from Monica, Winston was surprised and disappointed to find cage-free chickens instead of organic chickens.

Winston refused to pay for the cage-free chickens because he claimed that his meetings and verbal negotiations with Monica specified that he wanted only organic chickens.

Instructions:

1. Analyze and explain whether any prior verbal discussions between Winston and Monica should be excluded as a factor in resolving this dispute and why.

• Apply and explain theparol evidencerule to your analysis and discussion of resolution of this dispute.

Fact Scenario I Format:

Label the analysis "Fact Scenario I".

Write the analysis in paragraph format.

Fact Scenario II

Shania owns a used car dealership, called Premier Used Cars (Premier).

Jennifer went to Premier to buy a low mileage sedan. Jennifer expressed to Shania that she only wants to purchase a car with less than 30,000 miles on it. Shania directed her to a used Honda Civic with only 20,000 miles on it. Shania advised Jennifer that she sell the Civic for a low price because it has been on the lot for over three months.

The fact was that the Honda Civic has 100,000 miles on it. Shania had rolled back the odometer to 20,000 miles that same morning. Based on Shania's representations, Jennifer purchased the care for $12,000.00.

Jennifer immediately had mechanical problems with the car and regretted buying it. Later that week, Jennifer saw on television news that Shania was arrested for unfair and illegal business practices at Premier, including rolling back odometers, selling cars that had been in a flood without revealing the cars had been flooded, and similar practices.

Instructions:

1. Analyze whether Jennifer can disaffirm the contact based on Shania's fraudulent conduct and why.

• Include application of the four elements of fraud in your analysis.

2.Assume instead of changing the odometer, Shania had promised to sell Jennifer the Honda Civic but before Jennifer could pick up the car, the car was destroyed, along with all of Shania's stock of car inventory at Premier, by a hurricane.

Does Shania have a legal excuse to the discharged from performing the contract, and why or why not?

Fact Scenario II Format:

Label the analysis "Fact Scenario II".

Label each part of the analysis:

1.

2.

Write the analysis in paragraph format.

Fact Scenario III

Faith has a hauling business. She entered into a two-year contract with Thrifty Consignment Inc. to haul unwanted items from Thrifty's store every Tuesday evening and deliver to the local dump. Faith would haul all unwanted items to the dump that would accept dumping of personal items without charge. The dump was for the sole use of residents of the jurisdiction for dumping personal items, and not for dumping items from businesses.

After three months of Faith's dumping, the dump discovered that she was using the dump for business items rather than personal items. Faith was advised that she was violating the law and issued a citation.

Consequently, Faith told Thrifty that she would no longer perform under their contract. Faith soon learned that Thrifty knew it was illegal to dump commercial items at the local dump and that Thrifty had hired Faith to do the dumping to avoid a citation for Thrifty. Thrifty, however, had never disclosed to Faith that dumping commercial items at the local dump was illegal.

Instructions:

A. Analyze and explain whether Thrifty Consignment can enforce the contract with Faith and why or why not.

B. Thrifty owed Faith $2,000.00 for the work that she had done before she learned the contract was illegal.

Can Faith recover under a restitution cause of action? Explain your answer with reference to the three exceptions that allow for restitution in this scenario.

Fact Scenario III Format:

Label the analysis "Fact Scenario III".

Label each part of the analysis:

1.

2.

Write the analysis in paragraph format.

References:

APPLY RELEVANT LAW

https://leocontent.umgc.edu/content/dam/course-content/tus/lgst/lgst-340/document/STNDRD%20Narrative%20W8%20LGST%20340%20%281%29.pdf

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s19-02-promisee-s-interests-protected.html

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s19-03-legal-remedies-damages.html

https://www.cali.org/lesson/18844?CON59P

https://www.cali.org/lesson/1106

https://www.cali.org/lesson/16219?CON08_13