The ABC Company placed an order with the Ohio Steel Company by sending its purchase order form. The purchase order specified the type of steel, the quantity, and the price. The purchase order stated in the boilerplate that the buyer reserved all express and implied warranties, and that the purchase order could not be varied by
What rights does Owen have against Sparky for breach of contract and partial or full return of the money paid to Sparky?
I need help in understanding this essay question: Sparky, an unlicensed electrical contractor, placed an ad in the local newspaper that read: No Job Too Small, No Job Too Big! Electrical Outlets Replaced-$15 Each Call Sparky at (213) 555-1234 Owen, a residential homeowner, saw the ad and called Sparky. Owen told
As a businessperson, what role do you think ethics plays in contract dealings? What examples or suggestions can you provide based on your experiences?
In March 2004, Cassandra set up in business as a sole trader offering various video-related services from leased studio premises located in South Belfast. In April 2006, she formed Picture This Ltd and, in consideration of the transfer of the business and its assets, including the leased studio premises, to the company, she was
Joe Bob promised his wife he would aerate the lawn this weekend. So, Joe Bob hoes to Eddie's Rentals and signs an equipment lease for the day for a grass dethatcher, sometimes called a verti-cutter. The contract contains this clause: "Lessor disclaims all liability arising from injuries caused by use of this equipment." Joe B
Foreclosure Process a.) How does foreclosure work? b.) Steps of Foreclosure c.) Timeline for Foreclosure
Jamie, Louis, and Lisa form a partnership, under a written agreement each signs, to buy, renovate, and resell old houses in an area near a major university.
Can you help me understand the questions below. They each made a $10,000 profit so far, but since they've invested some back in to another house depending on the sale of that property the funds could decrease. I'm also not sure what other legal issues are present. Jamie, Louis, and Lisa form a partnership, under a written agr
Scenario: Grocery, Inc., is a retail grocery store chain based in Any State, U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom Green works as the pr
1) What are the four elements of a contract? Discuss each. 2. What is the difference between bilateral and unilateral contracts? Discuss each. 3) When must a contract be in writing? Can a contract for over a year be oral, if not why, and if so what would be required? 4) What is legal capacity? How can it be
A contractor receives an un-priced change order on a $500,000 fixed price contract. The contractor incurs $50,000 in additional labor costs in performing the change. In its request for equitable adjustment, the contractor "pads" the claim and requests to be reimbursed for $60,000 in additional labor. To support its claim, the co
It is my belief (and I could be wrong) that a contract is not valid and a company is not liable if the contract was signed by an employee who did not have the authority to enter into a contract with a third party, i.e. a switchboard operator signs a contract for a cleaning service. What law, if any, absolves the company from li
What are the pros and cons of pursuing litigation versus binding arbitration?
Use the following list as a guide. Evaluate the risks involved in conducting business partnership (general partnership) versus a limited partnership. 1. type of ownership 2. exposure of ownership to liability 3. taxation 4. continuity of existence 5. formality in operations 6. managerial control
I got in a car accident, so I'd like to know how can I get my rights. Details: 1. Location: in A residential complex. 2. I have liability insurance 3. I am in IL. 4. While I was driving inside the complex ( speed 13 M) the other car come out quickly from the private parking and hit me in the front of my car. 5. His ca
What element of the contract was in dispute? How could this conflict have been avoided? What other elements could have caused the contract to be illegitimate. Consider that the plaintiff won the case. What were other ways in which the plaintiff could have been remedied in court? What sort of contracts must be in writing before t
Identify remedies for breach of contract in order to help teach your classmates about it.
Does the UCC apply to contracts between merchants only? Are contracts and Warranties used interchangeable in article 2 of the UCC? Do common law contract apply to UCC? I am getting confused reading about the different types of warranties covered under article 2 of the UCC, I do not know if the word warranty is the same as
YOU BE THE JUDGE James Ricci had a younger brother, Carl, who died at the age of 27 and left a widow, Sarah with a five-year old son, David. James was a busy and successful entrepreneur who tried to help his nephew, David as the boy grew older. In his teen years, David was a disappointment to his uncle, James and his mother
1) The basics of real estate law...fundamental difference between the attorney-client privilege and the concept of confidentiality. What is the difference between the two in the real estate law context? 2) Ethical dilemmas that are present in real estate practice. Assume the following fact scenario: Your supervising attorney
Create your own business-to-business entity (see case below). In a 1,050 to 1,750-word paper address these basic elements of business formation: 1) Idea/vision for the business 2) Identify legal and regulatory issues to be considered in creating/modifying this business 3) How you would select professionals to rely upon for bu
1. IDENTIFY THE MODERN ESTATES OF OWNERSHIP FOR REAL PROPERTY 2. LOCATE AND BOOKMARK THE TEXAS CIVIL PRACTICE AND REMEDIES CODE BY TYPING THE CODE IN YOUR GOOGLE OR OTHER SEARCH BAR. DEFINE ADVERSE POSSESSION AND FROM THE CODE, LIST THE SEVERAL STATUTORY LIMITATION PERIODS RELATED TO ACQUIRING PROPERTY BY ADVERSE POSSESSION
While Avery and Ida Zehmer, husband and wife, were drinking with W.O. Lucy, Mr. Zehmer made a written offer to sell a 471-acre farm the Zehmers owned to Lucy for $50,000. Zehmer contends that his offer was made in jest and that he only wanted to bluff Lucy into admitting that he did not have $50,000. Instead, Lucy appeared to
Please see the two attached documents and assist me with understanding Contracts Law. I am trying to thoroughly understand and interpret Government Contract Law Cases and broaden my perspective on simply how to review a case involving contractual disputes. In this particular case, the contractor didn't win a "Request for R
On October 1st, Mariah Carey, a world renowned entertainer, entered into a valid bilateral contract with Quality Productions Ltd. To perform a concert in Windsor on December 15th. On October 15th , Quality signed a contract to rent the Centennial Hall from its owners, Business Buildings Ltd. For the evening of December 15th.&
Need assistance with thoughts for the following scenario: You invite a painter over to your home to discuss some painting that needs to be done. You discuss what needs to be painted, the desired color scheme, and the final price. Nothing is written down. You agree on terms and the painter then performs the work, for which y
1. Why is the title to real property permanent whereas some intellectual property is limited in the time that it is protected? 2. I know that owning real property does not mean that all rights are protected. Can you show me some examples of where rights are limited in the ownership of land or personal property. 3. What is
For Christmas, Daniel received a note from his uncle stating that he was giving him a desk and table from a local furniture maker. Both items would be ready in about a month. A week later, without Daniel's knowlede, the uncle decided to cancel the contract for the table. The furniture make agreed to the recession. The desk w
Alice owns property in a rural part of town. A developer approaches her about buying the property for use as a shopping center. The developer wants to be sure that he can get the property rezoned for commercial use before he buys it. Alice offers to sell the property for $150,000. She agrees in writing to keep her offer open
Use the IRAC Formula to cover the rule of law and apply it to the situation Ball writes Sullivan and inquires how much Sullivan is asking for a specific forty-acre tract of land Sullivan owns. In a letter received by Ball, Sullivan states, "I will not take less than $60,000 for the forty-acre tract as specified." Ball imm
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 deliv