This assignment should be the product of careful thought and more than one draft. Please remember that when providing an answer to the specific questions posed, it is not enough to give the correct answer unless you back up that answer with a legal argument that includes the following:
- A brief restatement of the legal question posed—usually a sentence or two that focus on the specific legal issue in this case, without reference to extraneous facts or information.
- A statement of the applicable law or rule that should be applied to the facts in this case. This will be taken from the text, and will not consist of a personal opinion or ethical reaction, but rather be a statement (usually only one or two sentences) that summarizes the rule of law that you will apply to come to a correct answer. You should not restate the law in its entirety, but instead summarize the appropriate law into a short explanation of the ruling principle in this case.
- Finally, a clear statement that explains how you applied the applicable law to these facts to reach a specific conclusion. This will be usually be a few sentences culminating in an answer to the specific question posed in the text. This portion of your answer should demonstrate original thinking and reasoning, and result in a definite conclusion.
All three elements are really needed for a complete answer and your entire answer should probably require, but not be longer than 5 or 6 sentences. Remember that a “gut” feeling, or an answer that tells me what you think is “right” is not enough in a course that emphasizes the accuracy of application and the importance of making a persuasive argument that explains that application. Only use the attached pdf textbook as a source. Twomey, D. P., Jennings, M., & Greene, S. M. (2017). Business law principles for today’s commercial environment (5th Edition). Cengage Learning. All in-text citations must include the page numbers. Example of exactly what the finished product should look like, is attached in the “Example Business Law” Word document. To simplify things, I pasted each question from each set of chapters below.
ASSIGNED QUESTIONS from Questions and Case Problems section:
ch. 15, questions 7, 13
ch. 16, questions 2, 10
ch. 17, questions 3, 4
ch. 18, questions 4, 6
ch. 19, questions 2, 5
7. Siddle purchased a quantity of fireworks from Red
Devil Fireworks Co. The sale was illegal, however,
because Siddle did not have a license to make the
purchase, which the seller knew because it had been
so informed by the attorney general of the state.
Siddle did not pay for the fireworks, and Red Devil
sued him. He defended on the ground that the
contract could not be enforced because it was illegal.
Was the defense valid? [Red Devil Fireworks Co. v.
Siddle, 648 P.2d 468 (Wash. App.)]
13. The English publisher of a book called Cambridge
gave a New York publisher permission to sell that
book any place in the world except in England. The
New York publisher made several bulk sales of the
book to buyers who sold the book throughout the
world, including England. The English publisher sued
the New York publisher and its customers for breach
of the restriction prohibiting sales in England. Decide.
2. Martin made an oral contract with Cresheim Garage
to work as its manager for two years. Cresheim
wrote Martin a letter stating that the oral contract
had been made and setting forth all of its terms.
Cresheim later refused to recognize the contract.
Martin sued Cresheim for breach of the contract and
offered Cresheim’s letter in evidence as proof of the
contract. Cresheim claimed that the oral contract was
not binding because the contract was not in writing
and the letter referring to the contract was not a
contract but only a letter. Was the contract binding?
10. A contract made for the sale of a farm stated that the
buyer’s deposit would be returned “if for any reason
the farm cannot be sold.” The seller later stated that
she had changed her mind and would not sell, and
she offered to return the deposit. The buyer refused
to take the deposit back and brought suit to enforce
the contract. The seller contended that the “any
reason” provision extended to anything, including
the seller’s changing her mind. Was the buyer
entitled to recover? [Phillips v. Rogers, 200 S.E.2d
676 (W. Va.)]
3. Lee contracts to paint Sally’s two-story house for
$2,500. Sally realizes that she will not have sufficient
money, so she transfers her rights under this agreement
to her neighbor Karen, who has a three-story
house. Karen notifies Lee that Sally’s contract has
been assigned to her and demands that Lee paint
Karen’s house for $2,500. Is Lee required to do so?
4. Assume that Lee agrees to the assignment of the
house-painting contract to Karen as stated in question
3. Thereafter, Lee fails to perform the contract
to paint Karen’s house. Karen sues Sally for damages.
Is Sally liable?
4. Metalcrafters made a contract to design a new earthmoving
vehicle for Lamar Highway Construction Co.
Metalcrafters was depending on the genius of Samet,
the head of its research department, to design a new
product. Shortly after the contract was made between
Metalcrafters and Lamar, Samet was killed in an
automobile accident. Metalcrafters was not able to
design the product without Samet. Lamar sued.
6. Christopher Bloom received a medical school scholarship
created by the U.S. Department of Health and
Human Services to increase the number of doctors
serving rural areas. In return for this assistance,
Bloom agreed to practice four years in a region
identified as being underserved by medical professionals.
After some problem with his postgraduation
assignment, Bloom requested a repayment schedule
from the agency. Although no terms were offered,
Bloom tendered to the agency two checks totaling
$15,500 and marked “Final Payment.” Neither
check was cashed, and the government sued Bloom
for $480,000, the value of the assistance provided.
Bloom claimed that by tendering the checks to the
agency, his liability had been discharged by an accord
and satisfaction. Decide. [United States v. Bloom, 112
F.3d 200 (7th Cir.)]
Metalcrafters for damages for breach of the contract.
Metalcrafters claimed that the contract was discharged
by Samet’s death. Is it correct?
2. Self-described “sports nut” Gary Baker signed up for
a three-year club-seat “package” that entitled him
and a companion to tickets for 41 Boston Bruin
hockey games and 41 Boston Celtic basketball games
at the New Boston Garden Corporation’s Fleet
Center for approximately $18,000 per year. After
one year, Baker stopped paying for the tickets
thinking that he would simply lose his $5,000 security
deposit. New Boston sued Baker for breach of
contract, seeking the balance due on the tickets of
$34,866. At trial, Baker argued to the jury that
although he had breached his contract, New Boston
had an obligation to mitigate damages, for example,
by treating his empty seats and those of others in the
same situation as “rush seats” shortly before game
time and selling them at a discount. New Boston
argued that just as a used luxury car cannot be
returned for a refund, a season ticket cannot be
canceled without consequences. Decide.
5. Protein Blenders, Inc., made a contract with
Gingerich to buy from him the shares of stock of a
small corporation. When the buyer refused to take and
pay for the stock, Gingerich sued for specific performance
of the contract on the ground that the value of
the stock was unknown and could not be readily
ascertained because it was not sold on the general market.
Was he entitled to specific performance? [Gingerich
v. Protein Blenders, Inc., 95 N.W.2d 522 (Iowa)]
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