1. Roy asked Mark if he can use his phone for a week. If Roy agreed and allowed Mark to use his phone, what contract is created? Explain 2. Lance borrowed money from Renz. There was no stipulation to pay interest. Has Renz the right to demand interest? Explain
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1. Roy asked Mark if he can use his phone for a week. If Roy agreed and allowed Mark to use his phone, what contract is created? Explain
2. Lance borrowed money from Renz. There was no stipulation to pay interest. Has Renz the right to demand interest? Explain
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- 1. Life Company processes information furnished by others to transfer title to real estate from a seller to a buyer. In performing this task for a sale of land from Eren to Armin, the furnished information is mistaken. The contract between Eren and Armin that includes the mistake may be rescinded if the mistake concerns a. a detail on which the parties had a true “meeting of the minds.” b. a fact that is important and central to the contract. c. a third party, such as County Title. d. a term in the contract subject to only one reasonable interpretation.Karen, a senior manager in Consult-Biz Inc., encourages Charles, her junior manager, to bill Consult-Biz's clients for his commute time, and identify it as "meet and confer with senior manager." Karen explains that she will then adjust her own billing sheet to match this entry.Karen tells Charles that all other Consult-Biz junior and senior managers engage in this practice, and that clients have never questioned such entries. Charles is not sure whether this would be an ethical action. What should Charles do?True/False 10. If John remarks to Jane that her employment will be based upon granting him sexual favours,this type of contract would be considered____________________.A. Voidable as Jane may assert that Lee is suffering from substantial mental incapacity.B. Necessary in order for Jane to obtain her job.C. Void as it is an immoral contract that is against public policy.D. A covenant not to compete for other job opportunities.
- David hires Nell to auction off his grandmother's house and it's contents. Nell hires an auctioneer, rents a tent, advertises and does everything necessary to conduct a successful auction. When the auction is over, David refuses to pay for the auctioneer and advertisting expenses, claiming he never specifically authorized Nell to incur those expenses on his behalf. In her defense, Nell can claim that David gave her: 1) Apparent Authority. 2) Moral Authority. 3) Implied Authority. 4) Express Authority.Which of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…Spring agreed to buy Summer's car. Because the actual purchase was not to take place for several months, they drew up a lengthy agreement that specified all of the rights and obligations of each of the parties that they could think of. They took this two-page, single spaced document to an attorney for review. The attorney suggested a few changes. They had the documented retyped and they signed it. The contract is referred to a a. An executed contract b. A formal contract c. An implied contract d. A simple contract
- Assume that Elkins contracted to build an addition to Cromwell’s plant producing cruise missiles just prior to the Gulf War. The war ended before Elkins started work, and Cromwell tried to cancel the contract. Can Elkins do anything about the loss of his anticipated profit (a) if the contract contained a proper cancellation clause? (b) if the contract contained no clause dealing with cancellation?Oliver, while he was so drunk that he didn’t know what he was doing, bid successfully at an auction for the purchase of a house. It was clear to the auctioneer that Oliver didn’t know what he was doing. However, after Oliver sobered up, he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Is Oliver bound to the contract? Required: Answer this question using the IRAC * method.Anticipatory Repudiation. Moore contracted inwriting to sell her 2017 Hyundai Santa Fe to Hammer for$18,500. Moore agreed to deliver the car on Wednesday, andHammer promised to pay the $18,500 on the following Friday. On Tuesday, Hammer informed Moore that he wouldnot be buying the car after all. By Friday, Hammer hadchanged his mind again and tendered $18,500 to Moore.Moore, although she had not sold the car to another party,refused the tender and refused to deliver. Hammer claimedthat Moore had breached their contract. Moore contendedthat Hammer’s repudiation released her from her duty toperform under the contract. Who is correct, and why? (SeePerformance and Breach of Sales and Lease Contracts.)
- Over a cup of coffee in a restaurant, X Invites Y to dinner at his house on a Sunday. Y hires a taxi and reaches X’s house at the appointed time , but x fails to perform his promise. Can Y recover any damages from X? (a) Yes, as y has suffered (b) No, as the intention was not to create legal relation. (c) Either (a) or (b) (d) None of these.Courtney and Jonathan agreed that Jonathan would paint Courtney's home for $800 with Courtney supplying the paint. Jonathan went to Courtney's home on several occasions to do the job, but she never had the paint. Finally, he moved on to other jobs. Six months later, Courtney sued Jonathan for not painting her home. Who is likely to win and why? Include the legal term for Jonathan's offer of performance.El Dorado Tire Company fired Bill Ballard, a sales executive. Ballard had a five-year contract with El Dorado but was fired after only two years of employment. Ballard sued El Dorado for breach of contract. El Dorado claimed that any damages due to breach of the contract should be mitigated because of Ballard’s failure to seek other employment after he was fired. El Dorado did not provide any proof showing the availability of comparable employment. Explain whether El Dorado is correct in its contention.