Business Law

Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.

The customers, Charles Ellison and Susan Bresler represented by the Atlanta law firm Strickland Brockington & Lewis sued the Natural Gas Company “under a private right of action in the Gas Act.” The plaintiffs sought to recoup their overpayments charged through the defendant’s violations of the Natural Gas Competition and Deregulation Act (Natural Gas Act). The defendant asked the court to dismiss the case due to the plaintiff’s failure to establish a reasonable claim on which repayment should be given. A trial court granted a motion to dismiss the case, but an

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

2003), the Appellate Court held that evidence supported a finding that a husband’s sole intent in transferring residence into tenancy by the entirety was to avoid paying debts existing at time of transfer. In LaSalle Bank, the appellate court affirmed a judgment against the husband in September 3, 1999. Id. at 281. The husband transferred the property from him and his wife in joint tenancy to a tenancy by the entirety on September 20, 1999. Id.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

Answer: Carnack is correct because Willard entered a contract that states that the deposit of $10,000(down payment) as liquidated damage. The contract was reasonable in its damage amount and unlikely to tell when a possible breach was going to happen, therefore the owner can obtain compensation. When Willard breached her contract by not being able to finance the $90,000, Carnack is entitled to obtain a certain amount of money.

In the Hoffman Vs. Sun Valley Company case, where the Sun Valley Company won, despite there being an oral agreement. The prerequisite memorandum form for the sale of the Rudd Mountain property, was not signed to fully close the deal. Thus, the oral agreement was declared void by failure to comply with the statute of frauds.

Lonnie Hippen moved to Long Island, Kansas and started working at an insurance company owned by the Griffiths. Soon after moving the Griffins offered to sell him a house. Hippen purchased the house but left the insurance company two years later and claimed that the Griffiths orally agreed to buy back the house at its selling price if Hippen were to ever leave. Griffiths defended on the basis of Statute of Frauds and Hippen argued that the statue of frauds did not apply because the repurchase of the house was part of his employment with the Griffiths. Contracts that cannot be performed within a year are not enforceable unless they are in writing. Two years has passed when Hippen is ready to sell back the house. Any oral agreements will not be enforceable, therefore; Griffiths will not be required to buy back the house.

The evidence showed that the contract to purchase appellant’s business and the promissory note were signed only by Joe Alexander on behalf of the corporation. Harris’ wife testified that appellees were not present when the contract was signed.

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable?

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows:

Turner, the terms “subject to contract” actually is a secure way to protect both of their benefit. For Mrs Turner, this means that she can pull out of the deal anytime if, for example, a survey shows up a defect or she might found another favorable property – though she can pull out for any reason. For the seller of second property, it would have allowed them to pulls out of a deal if they have had a higher offer.