Question
THIS IS ALL THE DATA, EACH QUESTION IS A HYPOTHETICAL QUESTION Each question has to be answered using the IRAC method. 1.HappyFace, Inc. recently sold
THIS IS ALL THE DATA, EACH QUESTION IS A HYPOTHETICAL QUESTION
Each question has to be answered using the IRAC method.
1.HappyFace, Inc. recently sold all of its assets to Grimm, Inc.Among the assets was an assignable equipment lease and service contract with CyberComputers, Inc. for a fairly extensive office computer network.The operative documents recited that HappyFace "assigned all rights and delegated all duties" in the lease and service contract, and that Grimm "assumed" those duties.
a)Can Grimm sue CyberComputers, if CyberComputers refuses to fix one of the leased equipment? Why and why not?
[HINT -rights of third parties in contracts]
2.Sam and Billie orally agreed to transfer Sam's ten-acre orchard for $30,000.They neglected to put the contract in writing and had not arranged a time to hand over the deed or the money when the season arrived to put in new trees. Billie made a $5000 down payment to Sam which Sam retained, and Sam permitted Billie to enter the land, at Billie's expense, and remove unproductive trees and plant replacements.Sam now refuses to complete the conveyance and Billie wants to sue.
a)Will Billie prevail? Why and why not? [HINT -Statute of Frauds, part performance]
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