case briefing
odehe
Please answer any 11 of the following questions completely and fully. In addition, you must answer question 14, bringing the total to 12. Do not just answer the inquiry at the end of the question. Your answer must discuss all relevant issues and explain your reasoning.
When submitting your paper, make sure that the number for the question on your answer page is the same number I have given it on the test.
Your answer is due electronically to me by email no later than 10:00 P.M. on Wednesday, November 21. You may submit your answers as a cut and paste document as part of an email. If you want to submit it as an attachment it MUST be in RTF format.
As you write, assume that the reader knows nothing about the law. Explain new or important concepts.
Please review the test taking tips that are part of the syllabus.
Each question is worth 10 points.
A good start to a question might be something along these lines: “The primary issue in this case is............”
1. Alpha Engineering Corporation has a contract with Beta Mart Stores to provide customized software for Beta's inventory control system. Discount Outlets, Inc, Beta's competitor, induces Tom, an Alpha subcontractor who is writing code for the Beta software, to delay delivery of the code for one week. As a result, Alpha's delivery of the software is delayed, and Beta sustains $500,000 in lost profits. On what ground could Beta recover damages from Discount Outlets?
2. Ann commits an act that endangers Bob. Carol and Dick see the danger. Carol tries to help Bob and is injured. Dick watches and does nothing. Can Ann be held liable for Carol's injury? Can Dick be held liable for not trying to help Bob?
3. A water pipe bursts, flooding a General Business Company (GBC) utility room and tripping the circuit breakers on a panel in the room. GBC contacts Hal, a licensed electrician with ten years of experience, to investigate the damage and turn the breakers "on." Hal attempts to turn on one of the breakers without testing for short circuits, which he knows should be done. Hal is electrocuted, and files a suit against GBC for damages, alleging negligence. How might GBC defend itself?
4. In State X, persons must be at least eighteen years old before they can purchase alcoholic beverages. The state also has passed a law requiring that persons who prepare and serve liquor in the form of drinks in commercial establishments be licensed. The only requirement for obtaining a yearly license is that the person be at least eighteen years old. Moffitt, aged thirty-five, is hired as a bartender for the Lone Star Restaurant. Bekins, a staunch alumnus of a nearby university, brings twenty of his friends to the restaurant to celebrate a football victory. Bekins has ordered four rounds of drinks, and the bar bill exceeds $200. Bekins learns that Moffitt has failed to renew his bartender's license, and Bekins refuses to pay, claiming the contract is unenforceable. Is Bekins correct?
5. Best Products, Inc., hires Cole to develop and implement an e-commerce strategy for marketing Best's products. Cole signs a contract that includes a clause prohibiting him from competing with Best during and after the employment. Before the strategy is implemented, Cole resigns from Best's employ and opens a business to compete with Best. In Best's suit against Cole, to determine whether Cole may compete with Best, what is the most important factor the court should consider?
6. Alpha Investments, Inc., offers to buy Beta Computer Corporation. On May 1, Beta gives Alpha copies of Beta's financial statements for the previous year. The statements show an inventory of $1 million. On May 15, Beta discovers that the previous year's inventory is overstated by $500,000, but does not inform Alpha. On June 1, Alpha, relying on the financial statements, buys Beta. On June 10, Alpha discovers the inventory overstatement. Can Alpha succeed in a suit against Beta for fraud?
7. Eagle Properties, a real estate investment and sales firm, presents a form contract to its customer Floyd, who wants to buy a certain quarter acre of land in a proposed housing subdivision that Eagle is marketing. Eagle does not pressure Floyd to sign a contract, but offers its form on a take-it-or-leave basis. If Floyd signs the form, is it enforceable?
8. Delta Company hires Earl to design a Web page for Delta for $400. Before the project is started, Delta asks Earl to trouble-shoot Delta's computer operating system software for an additional $400. Earl agrees. The entire contract is oral. Earl completes the work, but Delta refuses to pay. Earl files a suit against Delta, who raises the Statute of Frauds as a defense. Can Earl recover from Delta? If so, how much, and on what basis?
9. Frances has lived in an apartment for ten years when she decides to buy a house. Her one-year lease will end on May 1. On April 15, she orally contracts to buy Smith's house for $100,000, with the closing (transfer of the deed) to take place on June 1. Smith's lawyer, who is out of town on vacation, is to draft a written contract of sale on his return to his office on May 15. Because Frances's lease is terminating, Smith agrees to let her take possession of the house on May 1 if Frances gives him a "down payment" on the house of $5,000. Frances agrees and gives Smith the $5,000. She moves into the house on May 2, and the following weekend plants trees in the back yard. On May 10, Smith receives a written offer from Green to buy Smith's house for $120,000. Smith accepts Green's offer, asks Frances to move out of the house, and tries to return the $5,000 to Frances. Frances claims that she has an enforceable contract to buy the house. Smith claims that any such contract must be in writing to be enforceable under the Statute of Frauds. Who is correct and why?
10. Pam borrows $5,000 from Quality Auto Sales to buy a car. When Pam does not pay the loan or return the car, Quality wants to transfers the right to the payment to Rapid Collection Agency. Rapid agrees to pay Quality for this right, but for a price that is less than the amount owed. Can Quality transfer this right to Rapid without Pam's consent? If so, and Quality committed fraud in the deal with Pam, could Pam legitimately refuse to pay Rapid? Explain.
11. A-One Landscapers, Inc., owes Friendly Finance Company $5,000. A-One enters into a contract with Suburban Office Park under which A-One promises to maintain the landscaping on Suburban's property. Under the contract, Suburban promises to pay Friendly Finance the amount that will be due A-One until A-One's debt to Friendly Finance is paid. A-One performs as promised, but Suburban does not pay Friendly Finance. Can Friendly Finance succeed in a suit against Suburban? Why or why not?
12. Investment Properties, Inc., hires Commercial Construction Company (CCC) to renovate the interior of Investment's office building. CCC submits plans that Investment approves. CCC completes the major reconstruction, paints the interior, and buys the fixtures and furnishings. Investment rejects some of the furnishings because they do not match the plans, and subsequently refuses to allow CCC to finish the work or to collect payment. Could CCC sue successfully for payment for the entire contract?
13. Quest Resources, Inc, contracts with Ring Communications Corporation (RCC) for RCC to design and build an all-weather communications system for Quest's field operations. RCC builds the system, but it functions effectively only in good weather. Is this a breach of the contract? If so, what remedies does Quest have?
14. In two or three paragraphs, please discuss how this course as added to or changed your understanding of law and the business person. Feel free to expound. (It is hard to not get full credit on this question.)