Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

please solve cases 1) Critical Legal Thinking Case 5.5 Fraud James L. Skip Deupree, a developer, was building a development of town-houses called Point South

please solve cases

1) Critical Legal Thinking Case 5.5 Fraud James L. "Skip" Deupree, a developer, was building a development of town-houses called Point South in Destin, Florida. All the town-houses in the development were to have individual boat slips. Sam and Louise Butner, husband and wife, bought one of the townhouses. The sales contract between Deupree and the Butners provided that a boat slip would be built and was included in the price of the townhouse. The contract stated that permission from the Florida Department of Natural Resources (DNR) had to be obtained to build the boat slips. It is undisputed that a boat slip adds substantially to the value of a property and the Butners relied on the fact that the townhouse would have a boat slip. Prior to the sale of the townhouse to the Butners, the DNR had informed Deupree it objected to the plan to build the boat slips and that permission to build them would probably not be forthcoming. Deupree did not tell the Butners this information but instead stated there would be "no problem" in getting permission from the state to build the boat slips. The Butners purchased the townhouse. When the DNR would not approve the building of the boat slips for the Butners' townhouse, they sued for damages for fraud. Who wins? Deupree v. Butner, 522 So. 2d 242 (Ala. 1988).

2) Critical Legal Thinking Case 5.7 Duress Judith and Donald Eckstein were married and had two daughters. Years later, Judith left the marital abode in the parties' jointly owned Volkswagen van with only the clothes on her back. She did not take the children, who were 6 and 8 years old at the time. She had no funds, and the husband promptly closed the couple's bank account. The wife was unemployed. Shortly after she left, the husband discovered her whereabouts and the location of the van and seized and secreted the van. The husband refused the wife's request to visit or communicate with her children and refused to give her clothing. He told her she could see the children and take her clothes only if she signed a separation agreement pre-pared by his lawyer. The wife contacted Legal Aid but was advised she did not qualify for assistance. The wife was directed to go to her husband's lawyer's office. A copy of a separation agreement was given to her to read. The separation agreement provided that the wife (1) give custody of the children to her husband, (2) deed her interest in their jointly owned house to the husband, (3) assign her inter-est in a jointly owned new Chevrolet van to her husband, and (4) waive alimony, support, maintenance, court costs, attor-neys' fees, and any right to inheritance in her husband's estate. By the agreement, she was to receive $1,100 cash, her clothes, the Volkswagen van, and any furniture she desired. The wife testified that her husband told her over an interoffice phone in the lawyer's office that if she did not sign the separation agreement, he would get her for desertion, she would never

3) Critical Legal Thinking Case 6.1 Statute of Frauds Fritz Hoffman and Fritz Frey contracted the Sun Valley Company (Company) about purchasing a 1.64-acre piece of property known as the "Ruud Mountain Property," located in Sun Valley, Idaho, from the Company. Mr. Conger, a representative of the Company, was authorized to sell the property, subject to the approval of the executive committee of the Company. Conger reached an agreement on the telephone with Hoffman and Frey whereby they would purchase the property for $90,000, payable at 30 percent down, with the balance to be payable quarterly at an annual interest rate of 9.25 percent. The next day, Hoffman sent Conger a letter confirming the conversation. The executive committee of the Company approved the sale. Sun Valley Realty prepared the deed of trust, note, sell-er's closing statement, and other loan documents. However, before the documents were executed by either side, Sun Valley Company sold all of its assets, including the Ruud Mountain property, to another purchaser. When the new owner refused to sell the Ruud Mountain lot to Hoffman and Frey, they brought this action for specific performance of the oral contract. Who wins? Hoffman v. Sun Valley Co., 628 P.2d 218 (Idaho 1981).

4) Critical Legal Thinking Case 6.3 One-Year Contract Robert S. Ohanian was vice president of sales for the West Region of Avis Rent a Car System, Inc. (Avis). Officers of Avis testified that Ohanian's performance in the West Region was excellent, and, in a depressed economic period, Ohanian's West Region stood out as the one region that was growing and profitable. In the fall of 1980, when Avis's Northeast Region was doing badly, the president of Avis asked Ohanian to take over that region. Ohanian was reluctant to do so because he and his family liked living in San Francisco, and he had developed a good team in the West Region, was secure in his position, and feared the politics of the Northeast Region. Ohanian agreed to the transfer only after the general manager of Avis orally told him "unless you screw up badly, there is no way you are going to get firedyou will never get hurt here in this company." Ohanian did a commendable job in the Northeast Region. Approximately one year later, at the age of 47, Ohanian was fired without cause by Avis. Ohanian sued Avis for breach of the oral lifetime contract. Avis asserted the Statute of Frauds against this claim. Who wins? Ohanian v. Avis Rent a Car Sys., Inc., 779 F.2d 101 (2d Cir. 1985).

5) (Idaho 1984). Critical Legal Thinking Case 6.5 Guaranty Contract Six persons, including Benjamin Rosenbloom and Alfred Feiler, were members of the board of directors of the Togs Corporation. A bank agreed to loan the corporation $250,000 if the members of the board would personally guarantee the payment of the loan. Feiler objected to signing the guaranty to the bank because of other pending personal financial ne-gotiations that the contingent liability of the guaranty might adversely affect. Feiler agreed with Rosenbloom and the other board members that if they were held personally liable on the guaranty, he would pay his one-sixth share of that amount to them directly. Rosenbloom and the other members of the board signed the personal guaranty with the bank, and the bank made the loan to the corporation. When the corporation defaulted on the loan, the five guarantors had to pay the loan amount to the bank. When they attempted to collect a one-sixth share from Feiler, he refused to pay, alleging that his oral promise had to be in writing under the Statute of Frauds. Does Feiler have to pay the one-sixth share to the other board members? Feiler v. Rosenbloom, 416 A.2d 1345 (Md. Ct. Spec. App. 1980).

5) Critical Legal Thinking Case 6.7 Sufficiency of a Writing Irving Levin and Harold Lipton owned the San Diego Clippers basketball club, a professional basketball franchise. Levin and Lipton met with Philip Knight to discuss the sale of the Clippers to Knight. After the meeting, they all initialed a three-page handwritten memorandum that Levin had drafted during the meeting. The memorandum outlined the major terms of their discussion, including subject matter, price, and the par-ties to the agreement. Levin and Lipton forwarded to Knight a letter and proposed sale agreement. Two days later, Knight in-formed Levin that he had decided not to purchase the Clippers. Levin and Lipton sued Knight for breach of contract. Knight argued in defense that the handwritten memorandum was not enforceable because it did not satisfy the Statute of Frauds. Is he correct? Levin v. Knight, 865 F.2d 1271 (9th Cir. 1989).

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Dynamic Business Law The Essentials

Authors: Nancy K. Kubasek, M. Neil Browne, Daniel J. Herron, Lucien Dhooge Sue

3rd edition

007802384X, 1260247899, 9781260247893, 978-0078023842

More Books

Students also viewed these Law questions

Question

6. How can a message directly influence the interpreter?

Answered: 1 week ago