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Case s ummary : The person M received two credit cards from two companies’ MD and HF. The credit card from MD was solicited, whereas the credit card from HF came unsolicited. M made several payments from the credit card of MD but did not make any payment from the credit card of HF. The person B stole both the credit cards of M and made various payments from both the cards. M notified MD about the theft of its credit card but didn’t notify the same to HF. M received the bill for payments made from the credit card of HF but refused to pay the same.
To find: M’s liability for the charges.
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Chapter 24 Solutions
MindTap Business Law, 1 term (6 months) Printed Access Card for Cross/Miller's The Legal Environment of Business: Text and Cases, 10th (MindTap Course List)
- Darren goes to a monster truck rally. Before going to the rally, he does not read the back of his ticket, which states "Monster truck rallies are extremely loud and noisy. Ear protection is highly recommended. By purchasing this ticket, the bearer of the ticket has expressly assumed any and all risk of ear injury associated with attending this event." Darren, not having read the back of the ticket, does not bring earplugs or other protective ear equipment to the rally. After the rally, he has constant ringing in his ears and cannot clearly hear people talk to him. Did Darren expressly assume the risk of ear injury? What about impliedly? Why or why not?arrow_forwardGinny DeWitt borrowed $30,000 from SunTrust Bank to pay for her first year of college and signed a promissory note that required payments to start six months after graduation or the student fails to enroll in at least one-half of the full time load. Ginny dropped out of college to pursue her passion of opening a gift shop. When Ginny failed to pay the debt, SunTrust transferred the note to First Bank in New York. New York Bank obtained a court order allowing it to garnish Ginny’s wages and her federal income tax refund. Ginny filed a lawsuit seeing to avoid the payment, claiming the debt was not valid because she did not sign any documentation promising to pay First Bank. She also argued that the note lacked consideration. Explain the holder or holder in due course status of SunTrust when the bank took the note from Ginny and then First Bank when it took the note from SunTrust. Address GInny’s arguments concerning the validity of the debt. Determine the outcome of the case and…arrow_forwardUsing the IRAC rule please answer the following question. Donald met Daisy at the Mall. Donald saw that Daisy had a brand new Apple tablet in her hand, he immediately told Daisy that he is interested in purchasing her tablet for $5000.00: Daisy responded in the following manner; Daisy did not answer Donald and simply walked away. Based on Donald’s original offer to purchase the tablet for $5,000, Daisy inquired from him, the method of payment for the tablet. Daisy told Donald that she paid $10,000.00 for the Tablet and if he agrees to pay her that amount, she is willing to accept. Donald responded that he is only willing to pay $6,000. Advised Daisy on whether or not a valid agreement exists between Donald and her, pertaining to the three issues abovearrow_forward
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- If Julie uses her roommate Rhonda's school internet account to do research for her term paper rather than her own account, has she committed a crime? What if the account is linked to Rhonda's account with the Bursar's office?arrow_forwardMary, a keen pottery collector, saw a notice in the Daily News for an auction at James Pottery Limited on September 30th 2022. She traveled 300 kilometers to attend the auction in order to bid for a particularly rare item the “Mozart Pottery”, specifically mentioned in the list of items to be auctioned. However, when she got to the auction site, she found a notice stating that the auction had been canceled. Mary thereafter proceeded to a nearby antique shop and saw on display in the window, the identical “Mozart Pottery” priced at $10,000. Mary told the shop owner, Anthony, that she was only willing to pay $8,000 for it. However, Anthony indicated that he is willing to sell the pottery for $9,500. Mary then indicated to him that she desires some time to think it over and after lunch she will advise him. Anthony subsequently, agreed not to sell the identified pottery, until she return after lunch. However, Anthony forgot his promised to Mary and sold it to John for $9,500 before…arrow_forwardSara Simon misplaced her Galaxy cell phone in Manhattan, Kansas. Days later, Shawn Vargo contacted her, claiming to have bought the phone from someone else. He promised to mail it to Simon if she would wire $100 to him through a third party, Mark Lawrence. When Simon spoke to Lawrence about the wire transfer, she referred to the phone as hers and asked, "Are you going to send my phone to me?" Simon paid, but she did not get the phone. Instead, Lawrence took it to a Best Buy store and traded it in for credit. Charged with the theft of lost property, Lawrence claimed that he did not know Simon was the owner of the phone. Was Simon's phone lost, mislaid, or abandoned? What is the finder's responsibility with respect to this type of property? Can Lawrence successfully argue that he did not know the phone was Simon's? Explain.arrow_forward
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