Yost v. Rieve Enterprises, Inc. is a case that involves innocent misrepresentation whereby W.F. Yost, owner of the Red Barn Barbeque Restaurant (also called the Red Barn) was sued by Rieve Enterprises, Inc., represented by Richard and Evelyn Ramano and Evelyn’s brother Richard Jason, to rescind the purchase agreement of the restaurant (Cheeseman, 2013). According to Cheeseman (2013), the facts of the case indicate that Rieve Enterprises entered into a contract to purchase the assets and equipment, including a 5 year lease of the Red Barn with an option to buy the land and the building after having visually inspected the restaurant. The facts also state that before Yost sold the Red Barn to Rieve Enterprises, the restaurant was cited for health violations in which he did correct, and Yost promised that “the premises will pass all inspections” to carry out business (Cheeseman,2013). Furthermore, Rieve Enterprises did not check any public records as to any health inspections and they took possession of the restaurant right away…moving right into the goal of producing volume and making a profit. The language of the contract included the following clause that indicated that the, “seller warrants that at the time physical possession is delivered to buyer, all equipment will be …show more content…
Apparently Yost may have thought the fixes were a done deal and entered into the contract believing in his heart he was doing the right thing. The issue is that although Yost had prior knowledge that there were problems with the “electrical wiring, plumbing and sanitation, improper drainage, poor ventilation, and an improperly installed oven” (Court of Appeals of Florida, 1st Dist. 1984) and Rieve Enterprises did not have that knowledge. Rieve Enterprises heavily relied on the purchase and sales
Facts: This case consists of Hereford a criminal informant who gets information of narcotic laws to Officer Marsh; a federal narcotic agent with 29 years on the job. Hereford had been feeding Marsh information for close to 6 months and that information was accurate and reliable. In the early days of September 1956, Hereford told Officer Marsh that the defendant James Draper was distributing illegal narcotics throughout Denver. Several days later, Hereford told Marsh that in the days before Draper went to Chicago and set to return with several ounces of heroin. Along with the information given Hereford gave a physical description of Draper, which included his age, weight, race, and clothes that he had
-the reasoning: the completed contract was mailed before the attempted revocation was received. There was evidence to support it and a binding contract must stand.
Identify the battery issue involving defendants Green and DeVon in the case of Paur v. Rose City Dodge, Inc
The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board.
Facts: In 1952 the United States was in a conflict in Korea, and the demand for steel
The case that I have chosen to discuss is Case 85 Cal.Rptr.2d 844 (1999) 978 P.2d 2 20 Cal.4th 785 Peter Ramirez, Plaintiff and Appellant, v. YOSEMITE WATER COMPANY, INC., Defendant am Respondent, No. S070114, Supreme Court of California, June 17, 1999.
Yandrich v. Radic, plaintiff was not successful in his claim of negligent infliction of emotional distress. Plaintiff’s father committed suicide allegedly due to his depression from another son being killed by a car. 495 A.2d 460, 246 (Pa. 1981). The Court found that the father was not a witness because he was not in the immediate vicinity of the accident, and thus could not find for the plaintiff in this case. The differences between Yandrich and Ms. Nordlund’s claim outweigh their legal similarities, as the father in Yandrich did not see the scene of the accident like Ms. Nordlund did. Ms. Nordlund’s poor vision is a weakness in her claim, but having heard and seen the accident, (despite her blurry vision), may be strong enough to overcome
Rinaker vs Superior Court case is a juvenile delinquency proceeding minors, Christopher G. and Huy D, are charged with committing vandalism. Minors were allegedly convicted with throwing rocks at Arsenio Torres’s car. Torres later brought a civil harassment case against the minors, which began the process of mediation in an effort to resolve the civil harassment action.
Christopher Simmons a 17-year-old junior in high school at the time murdered Shirley Crook, one early September morning (Oyez, p.1). Simmons was briefly acquainted with Crook previously from a past occurring car accident that had involved them both. Furthermore, Christopher did not plan alone how he wanted to accomplish his crimes. Simmons two friends Charles Benjamin and John Tessmer, 15 and 16 agreed to aid Simmons in accomplishing his plan due to Simmons insisting they would get away with charges due to being minors (Roper v. Simmons, 2005,p.3). The three friends met around 2am September 9th; however at the last minute Tessmer left the scene, backing out of the murder plan. Nevertheless, Simmons and Benjamin gained access to Crook’s home through a window left open, which allowed them to unlock the back door. Mrs. Crook was in her bedroom at the time and the two juveniles duct taped her: eyes, mouth and hands closed (Roper v.
The Fourteenth Amendment is one of the three Amendment made after the Civil War. It granted African-Americans the right to citizenship in the United States of America. This Amendment is made up of five parts. Starting with the first part, no one can be robbed of their property, life, or liberty and legally everyone has equal protection. This part of the amendment applies to citizens unless a law or trial is present to overturn those rights. The second part is Representatives in Congress are determined based on the number of people living in the states. The third part focuses on preventing anyone working in the government to be allowed to participate in insurrection or a rebellion against the United States. In part four of
In 2012, a marine project manager called Bellingham Marine Inc. (“Bellingham”) hired Major Engineering Marine Inc. (“Major”) for a project to build a travel lift pier at a harbor. Bellingham then hired a civil engineering firm, Moffatt & Nichol
Nash also failed to consider the additional loss of consumer confidence and capital if the sale went through and Fledgling sued DAC for fraudulent misstatement about the condition of the property. Nash also failed to consider his social responsibility to the rest of the environment by not addressing the issue as soon as it was brought to his attention. Similarly the CEO failed to consider his responsibilities to the passengers that were flying on planes that could have lost power due to the malfunctioning product. I would have included these issues in a cost benefit analysis which would support my decision to management.
"Invasion of the Body Snatchers," a film released in the 1950s, gained immense cultural significance by delving into the pervasive fear and conformity of the Cold War era. This film, set in a small California town, follows Dr. Miles Bennell as he discovers that the town's residents are being replaced by alien replicas grown from pods. As paranoia spreads, Miles races against time to alert others, but finds himself isolated in his struggle against the encroaching alien presence. The film gained popularity in the 1950s for its resonance with the Cold War events, marked by fears of Communist infiltration, the Red Scare, and McCarthyism. The movie "Invasion of the Body Snatchers'' serves as a powerful commentary on the theme of conformity during
There were both similarities and differences between the White and African American artist’s interpretations of this time period revealed through their art. Both artists showed versatility in style and subject matter. Additionally, both the White and African American artists seemed to recognize that there was a problem, or at least that White people and African Americans were seen and treated differently. However, there were far more works of art done by White artists than African American artists. Furthermore, the White artists tended to draw or paint the African Americans in their paintings with faces of anguish or desperation.
Inputs: Roy Rogers controls carefully who can become a franchisee, and the case provides details of the financial and managerial qualifications that are necessary to be accepted as a franchisee. Roy Rogers also controls tightly the design and construction criteria for new restaurants.