Case summary: Company F contracted with company RB to install an awning system for outdoor seating coverage area. RB was disappointed with the execution of the work but did not gave any time to F to improve the error in the execution of the work. After two months of usage, the awning system was removed for the replacement of building’s siding and some defects were found in the welds. Both the parties differed in their opinion on damaged welds. RB paid F only
To find: The right of RB to rescind the contract and obtain the paid price.
Case summary: F contracted with RB to install an awning system for outdoor seating coverage area. RB was disappointed with the execution of the work but did not gave any time to F to improve the error in the execution of the work. After two months of usage, the awning system was removed for the replacement of building’s siding and some defects were found in the welds. Both the parties differed in their opinion on damaged welds. RB paid F only
To find: F’s right to recover the differences between the paid and the contracted price.
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Chapter 14 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- At least six months before the Summer Olympic Games in Atlanta, Georgia, a group made up of Stafford Fontenot, Steve Turner, Mike Montelaro, Joe Sokol, and Doug Brinsmade agreed to sell Cajun food at the games and began making preparations. On May 19, the group (calling themselves Prairie Cajun Seafood Catering of Louisiana) applied for a business license with the county health department. Ted Norris sold members of the group a mobile kitchen in return for an $8,000 check drawn on the “Prairie Cajun Sea-food Catering of Louisiana” account and two promissory notes, one for $12,000 and the other for $20,000. The notes, which were dated June 12, listed only Fontenot “d/b/a Prairie Cajun Seafood” as the maker (d/b/a is an abbreviation for “doing business as”). On July 31, Fontenot and his friends signed a partnership agreement, which listed specific percentages of profits and losses. They drove the mobile kitchen to Atlanta, but business was disastrous. When the notes were not paid, Norris…arrow_forwardFlorida land developer Lehigh would show prospective buyers Lehigh Acres and have the buyers stay at its motel. Competitor Azar would watch for the buyers, contact them at the motel, tell them that under federal law they had three days to cancel any contract with Lehigh, and then show them a less expensive property that he was selling. Question: What legal tort could apply in this circumstance?arrow_forwardKaren, 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?arrow_forward
- H. J., Inc., and other customers of Northwestern Bell Corp. alleged that Northwestern Bell had furnished cash and tickets for air travel, plays, and sporting events and had offered employment to members of the Minnesota Public Utilities Commission in exchange for favorable treatment in rate cases before the commission. A Minnesota statute makes it a felony to bribe public officials. H. J. and other customers brought suit against Northwestern for violating the criminal bribery statute. Can the customers bring a criminal action? [H. J., Inc. v. Northwestern Bell Corp., 420 N.W.2d 673 (Minn. App.)] Baker and others entered a Wal-Mart store shortly after 3:00 a.m. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever…arrow_forwardLiability for Contracts. Thomas Huskin and hiswife entered into a contract to have their home remodeledby House Medic Handyman Service. Todd Hall signed thecontract as an authorized representative of House Medic. Itturned out that House Medic was a ctitious name for HallHauling, Ltd. the contract did not indicate this, however, andHall did not inform the Huskins about Hall Hauling. When acontract dispute later arose, the Huskins sued Todd Hall personally for breach of contract. Can Hall be held personallyliable? Why or why not? [Huskin v. Hall, 2012 WL 553136(Ohio Ct.App. 2012)] (See Liability in Agency Relationships.)arrow_forwardB. Hawkeye Bank & Trust and affiliated banks agreed to refer bank customers to Financial Marketing Services, Inc. (FMS) for the purchase of life insurance. Hawkeye and FMS shared the commissions. Hawkeye employees and some independent agents licensed through FMS made the actual sales; however, all insurance business was FMS’ property. Because of concern about the confidentiality of bank customer information, Hawkeye decided to terminate its contract with FMS and sell insurance directly to its customers. The independent agents claimed Hawkeye terminating the contract with FMS constituted intentional interference with the agents’ contracts and prospective relations. Was it? Explain your position.arrow_forward
- A contract contained a clause requiring arbitration of disputes. During progress of the work, a serious fire occurred. The owner and contractor could not agree upon the size of, and responsibility for, the resultant damages; therefore, the owner brought suit against the contractor. Is this proper procedure? Will the court be likely to hear the case?arrow_forwardWestern Rivers Fly Fisher (Western) operates under license of the U.S. Forest Service as an “outfitter,” a corporation in the business of arranging fishing expeditions on the Green River in Utah. Michael D. Petragallo is licensed by the Forest Service as a guide to conduct fishing expeditions but cannot do so by himself, because the Forest Service licenses only outfitters to float patrons down the Green River. Western and several other licensed outfitters contact Petragallo to guide clients on fishing trips. Because the Forest Service licenses only outfitters to sponsor fishing expeditions, every guide must display on the boat and vehicle he uses the insignia of the outfitter sponsoring the particular trip. Petragallo may agree or refuse to take individuals Western refers to him, and Western does not restrict him from guiding expeditions for other outfitters. Western pays Petragallo a certain sum per fishing trip and does not make any deductions from his compensation. Petragallo’s…arrow_forwardHonda Canada Inc. v. Keays, [2008] Mr. Keays was hired in 1986 by Honda as an assembly-line worker. In 1997 he was discharged with chronic fatigue syndrome and consequently went on disability benefits until the insurer declared that he was fit to return to work. When he returned, the employer put him into its disability program, which required him to submit medical reports for every absence from work. The employer began to doubt the veracity of Mr. Keay’s doctor’s reports and, therefore, in 2000, ordered him to see a doctor it had selected. Mr. Keays obtained legal advice recommending that he not see the employer’s doctor unless the employer clearly indicated the purpose of the examination. The employer ignored the lawyer’s request and summarily dismissed Mr. Keays for cause (without notice) when he refused to meet with the employer’s doctor. The employer claimed that this was insubordination, entitling it to dismiss Mr. Keays without notice. Mr. Keays sued for wrongful dismissal. He…arrow_forward
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