The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Question
Chapter 13, Problem 1BS
Summary Introduction
Case summary: Elderly person J resides with his nephew S. S supports J and is also dependent on S. J was told by S that unless J changes the ownership of the tract of land to S for a rate 35 percent below the market value of the land, S will not take any responsibility of J and will not look after him. J gave up to the threat of S and made a contract with him.
To discuss: Any possibility for the person J to disengage himself from fulfilling the terms of the contract.
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Undue Influence. Juan is an elderly man who liveswith his nephew, Samuel. Juan is totally dependent on Samuel’s support. Samuel tells Juan that unless he transfers a tractof land he owns to Samuel for a price 35 percent below itsmarket value, Samuel will no longer support and take care ofhim. Juan enters into the contract. Discuss fully whether Juancan set aside this contract. (See Voluntary Consent.)
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.
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.
Chapter 13 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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- 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..arrow_forwardState whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. 1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. ( 2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle. 3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business. 4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt. 5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)arrow_forwardWhich 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…arrow_forward
- Choose the right answer. 1. (The law of Agency) Ali appointed Bakri as his agent. Bakri appointed Citra as his sub agent without Ali's permission. Bakri has caused injury to the third party when performing his duty. Who can the third party sue? a. Ali b. Bakri c. Citra d. Ali and Bakri e. Ali, Bakri and Citra 4. (Law of Contract) Yan wants to borrow RM20,000 from her friend Pang and Pang agrees to lend the money if Yan agrees to pay the money to Cathy, his sister in four installments. The above situation illustrates the principle of __________. a. consideration need not move from the promisee b. part payments are valid consideration c. natural love and affection is valid consideration d. executory consideration is performed after contract is made 12. (The law of Agency) What does "to exercise reasonable care and skill" means? a. To act according to instructions b. To act according to business custom c. To act with diligence d. To act reasonably on timearrow_forwardCourtney 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.arrow_forwardRavi wanted to buy a property owned my Ramesh, Ravi invited Ramesh to his home to discuss the further course of action. During the discussion Ravi threatens to him to sell that property at a very low price. Under the threat of life Ramesh signs the agreement.Ramesh comes to you to check how the legal framework will help him to over comewith this situation and loss-making deal.arrow_forward
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