Question
Please answer these questions and submit your response by typing your answers directly in the box provided for your response: 1. List the types of
Please answer these questions and submit your response by typing your answers directly in the box provided for your response:
1. List the types of contracts required to be in writing under the Statute of Frauds. List the types of contracts required to be in writing under the UCC.
2.Plaintiff leased commercial space from Defendant for a florist shop. After the lease was signed, Plaintiff learned that the county code allowed only one freestanding sign on the property, and one was already up, advertising Defendant's business. Plaintiff claimed Defendant breached the lease by not providing them space for a sign; Defendant pointed to the lease, paragraph 16 of which provided that "Tenant shall not erect or install any sign...without written consent of the Landlord." But Plaintiff claimed Defendant said during negotiations he could have a sign, evidence Defendant objected to based on the parol evidence rule. Is Plaintiff barred by the parol evidence rule from showing that Defendant said he could have a freestanding sign?
3. Lawson hired Konves to conduct extensive audits of her 87 boutiques, located throughout the United States. As part of the agreement, Lawson required Konves to spend one week at each boutique. Konves demanded a written agreement before she would agree to Lawson's terms. Why was Konves correct in making this demand?
4. On March 1, 2010, Milton talked to Harriet and, as Harriet claimed, said, "I will hire you as sales manager for one year at a salary of $57,000. You start next Monday, March 8." Harriet agreed. Four months later Milton discharged Harriet and she sued, claiming breach of employment contract. Is the alleged contract enforceable?
5. Case Analysis:
a. As part of an employment agreement, Bazzy orally promised to give Hall an option to buy 1,000 shares of company stock at $20 per share. Hall brought suit against the company when it refused to sell the stock to him. What legal argument may Bazzy's company use to refuse to sell the stock to Hall as agreed?Hall v. Horizon House Microwave, Inc.,506 N.E.2d 178 (MA 1987).
b. Ray's Motor Sales sold a mobile home to Hathaway. Before the written sales contract was signed, the salesperson told Hathaway that Ray's would take care of any problems that Hathaway had with the mobile home. This promise was not included in the the written contract, but the contract did have a provision that said that the only warranty that attached to the mobile home was that of the manufacturer. When Hathaway had problems with the mobile home, he asked Ray's to take care of them and Ray's refused to do any repairs. Could Hathaway sue Ray's for the repairs? Explain. Hathaway v. Ray's Motor Sales, 247 A.2d 512 (VT. 1968).
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