BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Chapter 7, Problem 17CP
Summary Introduction
To discuss: The decision that he brought action for damages.
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The Brineys (defendants) owned a large farm on which was located an abandoned farmhouse. For a ten-year period the house had been the subject of several trespassings and housebreakings. In an attempt to stop the intrusions, Briney boarded up the windows and doors and posted “no trespassing” signs. After one break-in, however, Briney set a spring gun in a bedroom. It was placed over the bedroom window so that the gun could not be seen from outside, and no warning of its presence was posted. The gun was set to hit an intruder in the legs. Briney loaded the gun with a live shell, but he claimed that he did not intend to injure anyone. Katko (plaintiff) and a friend, McDonough, had broken into the abandoned farmhouse on an earlier occasion to steal old bottles and fruit jars for their antique collection. They returned for a second time after the spring gun had been set, and Katko was seriously wounded in the leg when the gun discharged as he entered the bedroom. He then brought action for…
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.
John Torniero was employed by Micheals Jewelers, Inc. (Micheals). During the course of his employment, Torniero stole pieces of jewelry, including several diamond rings, a sapphire ring, a gold pendant, and several loose diamonds. Over a period of several months, Torniero sold individual pieces of the stolen jewelry to G&W Watch and Jewelry Corporation (G&W). G&W had no knowledge of how Torniero obtained the jewels. Torniero was arrested when Micheals discovered the thefts. After Torniero admitted that he had sold the stolen jewelry to G&W, Micheals attempted to recover it from G&W. G&W claimed title to the jewelry as a good faith purchaser for value. Micheals challenged G&W’s claim to title in court.
Who wins? Explain your reasoning.
Chapter 7 Solutions
BUSINESS LAW
Ch. 7 - Prob. 1COCh. 7 - Prob. 2COCh. 7 - Prob. 3COCh. 7 - Prob. 4COCh. 7 - Prob. 5COCh. 7 - Prob. 1QCh. 7 - Prob. 2QCh. 7 - Prob. 3QCh. 7 - Prob. 4QCh. 7 - Prob. 5Q
Ch. 7 - Prob. 6QCh. 7 - Prob. 7QCh. 7 - Prob. 8QCh. 7 - Prob. 9QCh. 7 - Prob. 10QCh. 7 - Prob. 11CPCh. 7 - Prob. 12CPCh. 7 - Prob. 13CPCh. 7 - Prob. 14CPCh. 7 - Prob. 15CPCh. 7 - Prob. 16CPCh. 7 - Prob. 17CPCh. 7 - Prob. 18CPCh. 7 - Prob. 19CPCh. 7 - Prob. 20CPCh. 7 - Prob. 21CPCh. 7 - Prob. 22CPCh. 7 - Prob. 1TSCh. 7 - Prob. 2TSCh. 7 - Prob. 3TS
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