G, husband of D, sold paraphernal property in her name without her (D’s) consent. Was such sale valid, void, voidable, rescissible. or unenforceable? Explain.
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- X, of age, entered into a contract with Y, a minor. X knew and the contract specifically stated the age of Y. May X successfully demand annulment of the contract? Reasons.David E. Ross, his two brothers, and their families operated and owned the entire stock of five businesses. Ross had three children: Rod, David II, and Betsy. David II and Betsy were not involved in the operation of the companies, but Rod began working for one of the firms, Equitable Life and Casualty Insurance Company, in 2007. Between 2009 and 2013, the elder Ross informed a number of persons of his desire to reward Rod for his work with Equitable Life by giving him stock in addition to the stock he would inherit. He subsequently executed several stock transfers to Rod, representing shares in various family businesses, which were reflected by appropriate entries on the corporate books. Certificates were issued in Rod’s name and placed in an envelope identified with the name Rod Ross, but they were kept with the other family stock certificates in an office safe to which Rod did not have access. In all, one-fourth of the stock holdings of David E. Ross were transferred to Rod in this…Daniel’s son told him that when he died, he wanted to be cremated and his remains placed in a columbarium. They are of the Roman Catholic faith. The son did die suddenly and was buried by Daniel in The Place of the Holy Sepulture with Saint Anthony under the rules and canons of the Roman Catholic Church. These canons prohibit the following: cremation, except in cases of great emergency; removal of bodies from a cemetery for cremation; and removal of a body from the cemetery without consent of the Archbishop of San Diego. Five years later, Daniel sought to remove his son’s body, claiming he made a mistake, was grief stricken, and was under the influence of the Roman Catholic Church at the time of the death and was not able to observe his wishes. He further claimed the prohibitions of the church were never called to his attention. The Church refused to allow the removal, claiming they had no knowledge of the son’s wishes, and that he agreed to the rules and canons at the time of…
- 1. Marriage contracts, under the Statute of Frauds, requires the parties to get married. a) True b) FalseRJ Booker, a real estate firm based in Milsons Point, Sydney, emailed Mimi. Mimi had a friend workingat RJ booker and she told her that she wanted to sell her unit. The unit was located at the 19th floorof a modern apartment building located in Milson’s Point, almost beside the entrance to Luna Park.Gustavo, the franchisee and principal of RJ Booker in Milson’s Point, asked Mimi if the firm can beher exclusive agents in the sale of her unit. Gustavo explained that if they located a qualified buyer,RJ Booker would be entitled to the standard Real Estate industry commission rates for agents.Currently, this was about 3 percent of the purchase price. Mimi agreed and signed the agencycontract.Within five days, Gustavo called Mimi and told her that he had found a buyer for her unit, Alisa. Alisahad told Gustavo that she was ready to buy Mimi’s unit “as per contract” and “depending on the resultof a property inspection”. The very next day, Mimi received an email offer from a third party and…Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. a. What arguments would support Dodson’s termination of the contract? b. What arguments would support Shrader’s position that the contract is not voidable? c. Which side should prevail? Explain.
- Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.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.For the scenario, determine if the party is liable and what is "at play" related to agreement between parties. Joy threatens Winston at knifepoint to sign a prenuptial agreement until he complies. a. Liable - Duress b. Not Liable c. Liable - Undue influence d. Liable - Fraud in the execution..
- Murphy, while a guest at a motel operated by the Betsy-Len Motor Hotel Corporation, sustained injuries from a fall allegedly caused by negligence in maintaining the premises. At that time, Betsy-Len was under a license agreement with Holiday Inns, Inc. The license contained provisions permitting Holiday Inns to regulate the architectural style of the buildings as well as the type and style of the furnishings and equipment. The contract, however, did not grant Holiday Inns the power to control the day-to-day operations of Betsy-Len's motel, to fix customer rates, or to demand a share of the profits. Betsy-Len could hire and fire its employees, determine wages and working conditions, supervise the employee work routine, and discipline its employees. In return, Betsy-Len used the trade name, “Holiday Inns," and paid a fee for use of the license and Holiday Inns's national advertising. Murphy sued Holiday Inns, claiming Betsy-Len was its agent. Is Murphy correct?John Hobelsberger lived alone on his farm near Kranzburg, South Dakota. A grandniece, Phyllis Raml, and her husband, Ralph, lived on and operated a farm about two miles away. Hobelsberger and the Ramls had a friendly and cordial relationship. The Ramls visited him rather frequently and largely cared for him during his later years. Hobelsberger was hospitalized on October 23, and his condition was diagnosed as intermittent cerebral insufficiency. During his hospitalization, he requested that the Ramls send an attorney to see him about the preparation of a will. Thomas Green, an attorney, interviewed the testator on or about November 10 and prepared a will in compliance with his instructions. Hobelsberger was transferred to a nursing home on November 19. On November 22, Green and a secretary went to the nursing home and witnessed his signing of the will. Hobelsberger was then eighty years old. He subscribed the will with a mark because he was having trouble with his hands. Hobelsberger…John Hobelsberger lived alone on his farm near Kranzburg, South Dakota. A grandniece, Phyllis Raml, and her husband, Ralph, lived on and operated a farm about two miles away. Hobelsberger and the Ramls had a friendly and cordial relationship. The Ramls visited him rather frequently and largely cared for him during his later years. Hobelsberger was hospitalized on October 23, and his condition was diagnosed as intermittent cerebral insufficiency. During his hospitalization, he requested that the Ramls send an attorney to see him about the preparation of a will. Thomas Green, an attorney, interviewed the testator on or about November 10 and prepared a will in compliance with his instructions.