Question
Stien &his son owned a television appliance store. However, they were having severe financial difficulties and decided to borrow money in order to increase their
Stien &his son owned a television appliance store. However, they were having severe financial difficulties and decided to borrow money in order to increase their workingcapitalfor the company, Stein,wehaving difficulties borrowing money from conventional lenders due to his poor Dunn &Bradstreet rating and hid poor personal credit rating. He was introduced by a friend to a company which provided loans to companies in need ofcapital. Stein signed on behalfof thecorporationandtheinterest rate for the loan was26% annually.Inaddition,he signed fora personalloan of 17%.
A few months later despite this influx ofcapital. Stin realized that the business was failing. He was forced to sell tonationalapplicationchain, GP Pritchard. Pritchard's attorney prepared a sale contract which included a provision prohibiting Stein from operating ab application store within 10mmiles of the current store location and for a time period of 10years. Steinreluctantly signed the agreement due to hisfinancialinabilities.Pritchardopened a newapplicationstore and made it employees sign an employment agreement which prohibited its employees from working for Pritchard's competitorsfor no less than 10 years after they leftPritchard'semploy.
Stein in the meantime opened a new business, a health spa. Members signed contracts which relieved Stein from any liability for negligence for any reason whatsoever. Jim, a new member, slipped near the spa pool re which contained piddles of water. In the meantime, Pritchard's business was booming. However, Pritchard's attorney suggested that Pritchard could further increase its business by providing installment sales agreements for its customers. The terms of the installment contract included a provision such that if the customer defaulted in the payment of any installment, the company could repossess any appliances bought, at any time fromPritchard. Pritchard's business expanded. In addition to appliances the business now sold household goods, clothing andfood. Oneday Theodore Cleaver, a 15yrold, entered the store. He appeared old than hisage,but no one questioned. He bought a flat screen TV, sneakers and groceries such as milk and eggs. A day later he appeared at the store to returnall ofthe items and he demanded his money back. Theodore's grandmother June had been declared an incapacitated person by the NYS courts. Theodore, who lived with his grandmother(whowas the court appointed guardian for his grandmother) wanted to have cable TV installed in their home. His mother refused. One afternoon, he called the cable company and had his grandmother sign a contract to install cable TV. His mother came home and was furious. She called the cable company to remove the cable system. The company refused. Stein's son is having financial problems and goes to a local bank. The bank wants a guaranty from Stein for his son's debts. Stein calls the banker by phone and advises the banker that he will "make good" on the loan if his son defaults. The banker has the son fill out the forms and hesenda form to Stein to sign. Stein leaves for Europe and advises the banker that he will sign when he returns from Europe. The son is given the loan. Stein returns from Europe but never signs the guaranty. The son defaults on the loan. Stein's son meets the girl of his dreams. He agrees to marry the girl. The girl's father agrees to give him a new Jaguar auto if he does marry the girl. He marries the girl and the father in law refuse to give him the car and states that he was merely joking when he stated that. Stein's son hires a lawyer to sue his father in law. he also asks the lawyer to prepare divorce papers for his new bride.Pritcharddecides to buy the land next to its current store. Pritchard's executivesenter intoa contract after about 6 months of negotiation. The written contract has a clause which declares that the written contract is the final and complete understanding between the parties. During the oral negotiations,Pritchardwas told by the seller that the seller would remove a shed in the rear. However, the written contract did not state this fact and the seller refused to remove the shed. Pritchard commenced a new advertising campaign. It hired famous jingle writer composer and singer HarryBanilowto create and record a theme song for some TV commercials. After signing the contractBanilow, leaves for Asia on a concert tour. He calls his friend Bob who is a studio musician to compose and record the music for his contract with Pritchard. Bobagrees.Pritchard is furious.Please help me identify the issues and which courts will they be brought into and why?
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