Question
I need a law tutor to help analyze the following four claims and which one will be successful, this is hypothetical , and which one
I need a law tutor to help analyze the following four claims and which one will be successful, this is hypothetical, and which one will be successful out of the four: Jurisdiction is West Virginia.
(1) Ryan's suit against Harriett for fraud,
(2) Harriett's suit against Ryan for sexual harassment,
(3) the Bank's suit against Ryan, and
(4) the Bank's suit against AJ.
Complete four separate IRAC analysesone for each claimto determine who would win. The bottom is the scenario. IRAC-Issue, Rule, Application, Conclusion.
Clover Cattle Conundrum AJ Rominieki is a certified public accountant operating as a sole proprietor in Townsville, W. Va. He also serves on the board of directors of the Townsville National Bank. One day, he is visited by a client, Ryan Farren, a cattle farmer. Ryan tells AJ that, in the process of doing some genealogical research, he discovered that he is the heir to a large estate in Ireland. Ryan wants to expand his cattle business overseas. AJ explains to Ryan that he should think about incorporating his operations to better protect himself from liability, since Irish law may impose additional liability risks. Ryan agrees that is a good idea, so AJ prepares and files the incorporation paperwork for Clover Cattle, Inc. Ryan is the sole shareholder of the corporation. AJ tells Ryan that to select a board of directors and appoint officers. Ryan names himself, his girlfriend Harriet, and his brother Zeke to the board. Neither Harriet nor Zeke have any experience in cattle farming, but Ryan knows he can trust them. Ryan also names himself president and CEO. He makes Harriet the corporate fiscal officer and gives her signature authority on all his personal bank accounts used for the cattle operations. Needing some capital to finance his Irish operations, Ryan approaches the Townsville National Bank for a $5 million loan to Clover Cattle, Inc. The bank's board of directors unanimously approves the loan, in part because AJ spoke in support of Ryan and his operations. AJ voted to approve the loan but did disclose to the rest of the bank board his professional relationship with Ryan. Ryan heads to Ireland to start Clover Cattle, Inc.'s new operations. While he is away, Zeke and Harriet begin a torrid love affair. As Harriet has signature authority on Ryan's bank accounts, she is able to spend his money on lavish vacations for her and Zeke. Soon, they exhaust all of Ryan's funds. Ryan begins to receive complaints from vendors that his checks have bounced. He is forced to sell all of his Irish cattle at a steep loss. He returns to Townsville with what little money he has remaining to try to salvage his West Virginia operations. Clover Cattle, Inc. files for bankruptcy protection to stave off creditors. Ryan asks AJ to do an audit, which uncovers Harriet's misdeeds. Ryan sues her for fraud. Harriet countersues for sexual harassment, claiming she was only hired because of her previous relationship with Ryan and is now only fired because of her relationship with Zeke. The Townsville National Bank sues Ryan, Harriet, Zeke, and AJ for $5 million, plus interest. In addition, the IRS opens an investigation of Clover Cattle, Inc., because Ryan failed to report the Irish cattle sales on his US taxes.
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