Mutual Mistakes In Business Law Essay

Accounting to the Statute of Frauds , "if a contract is required to be in writing under the Statute of Frauds but is not, the contract is unenforceable. The parties may voluntarily perform a contract that is unenforceable." (Cheeseman, p158) Actually, they both signed a written agreement that "as is, without any warranties" after the Marge told Joan that she would fix any problems with the drivetrain that arose in the first 1,000 miles. The first 1,000 miles should had been written on the contract in order to become enforceable. Since the promise was made before the negotiation, there might have some change before the agreement was signs such as lower the price. So, Joan would not be honer for the first 1,000 miles warranties in this case as she signed "as is". Now, let's discuss the repair fee, Under UCC Statute of Frauds Section 2-201(1) A section of the Uniform Commercial Code which states that sales contracts for the sale of goods costing $500 or more must be in writing. (Cheeseman, 223) Since the repair fee was under $500 in this case, no writing contract needed to be made. Since the repair fee is in oral agreements that was made later and modify the

1. Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and the federal Occupational Safety and Health Act (OSHA) established job safety standards and specified worker training and employer licensing, but the requirements differed. Which statute(s) Ohio corporations had to obey? Pick the best ANALYSISwer.

A. As we (as nursery nurses) are the ones that spend time with the children and look after them, we are the first contact for not only the children but for their parents too. So it’s very important that we are seen as professional and competent people at all times. I, as an individual, work alongside a small team of professional childcare workers to support, inspire, care for and look after all the children within my care. I will maintain a safe environment for the children to explore, learn and play in. I am polite to other staff, children and parents and communicate well with everyone.

This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v.

Guilt is a powerful emotion that can greatly affect the course of a person’s life. Dunny’s character, in Robertson Davies’ Fifth Business, first experienced guilt at an early age due to a tragic accident. A snowball that was meant for Dunny hit a pregnant woman, Mrs. Dempster, causing her to go into premature labour. Although her child, Paul Dempster, survived, the guilt that Dunny experienced from his part in the situation would stay with him for the rest of his life. Guilt stayed with Dunny’s character throughout his life, and continually affected all of his actions.

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

They went ahead to confirm their verbal agreement by paying an amount that partly makes them show desire to purchase the automobile. In return, with mutual understanding the salesman keeps the car and calls them to confirm if the purchase would be completed. A contract that is legally binding does exist here. There are factors in this scenarios that show a legally binding agreement is in existence.

Please answer the questions posed at the end of each case study in essay form.  Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

Canceling sale agreements may constitute a breach of contract, which means that dealers can sue the organization where there is no proof of error. This cancellation might make dealers feel shortchanged in the organization. This means that it is critical to have a clear direction so that such occurrences do not happen in organizations.

Therefore, Market West accepted the corporation stock as partial debt. Hooper and Yoder agreed to add Brian Bradley who worked for Market West as the third director. Hooper colluded with Bradley and violated a fiduciary duty to Yoder by issuing 95 shares of stock to himself, 5 shares to Bradley, and none to Yoder. Furthermore, Hooper got paid $141,000 salary from the business without Yoder knowing. More importantly, Hooper and Bradly voted to force Yoder to leave the corporation. After Yoder found out that Hooper broke their agreement, violated Yoder’s rights and duties, acted dishonestly, and made unethical decisions, Yoder sued Hooper and Beautiful Daydreams in the District Court. Under the common law, with these facts, the court supported Yoder and ordered Hooper to give back one-half of the salary plus one-half of the shares of stock to Yoder.

With billions of dollars invested and hundreds of thousands of Americans employed (Department of Commerce, n.d.), the automobile industry has a vast influence in the United States. Since the time Henry Ford developed the assembly line production (Statista, n.d.) the industry has grown into a global market with no signs of slowing down. Top car companies are constantly searching for new innovations to set them apart from their competitors. Among those companies is Volkswagen (VW). A company which strides in emissions and fuel efficiency turned, not only to be false, but caused a severe amount of damage (Ewing, 2016).

Six months ago, Antiques R Us (a Canadian corporation) entered into a contract with Yankee Antiques (an American company) to purchase “a desk used by George Washington himself after his retirement from the Presidency”. The sum of $500,000 was to be paid to Yankee Antiques after 30 days of