Reference no: EM131251735
1. Scenario: For several years, Anne had been agent for Peter for maintaining Peter's antique cello collection, including sale and purchase of antique cellos. Anne also is an antiques dealer handling general types of antiques through her antiques shop. Ann often sells Peter's antique cellos on his behalf through her shop.
Anne recently sold one of Peter's cellos from her shop and kept some of the money for herself. Soon thereafter, the State notified Anne that she had sold, within the past year, the maximum allowable number of antique musical instruments she was permitted to sell without being required to obtain a musical instruments dealer's license. Two weeks later, Peter died.
Analyze and describe the legal effect of each of these events on Anne's and Peter's agency-principal relationship:
A. Anne's keeping for herself the proceeds from the sale of one of Peter's cellos.1-2 paragraphs
B. The State requirement that Anne obtain a musical instruments dealer's license.1-2 paragraphs
C. Peter's death.1-2 paragraphs
2. Scenario: Ned, a used car dealer, made a verbal offer on Monday to sell a 2014 Toyota to Sandy for $15,000. Sandy told Ned she was very interested in the car but wanted to think about it and review her finances. Sandy asked Ned to hold the offer open until Thursday. Ned stated he would hold the offer open until Thursday and not sell the car until he heard from Sandy.
On Thursday morning, Sandy telephoned Ned and left a voicemail message stating, "I accept your offer to buy the Toyota for $15,000. I will come to the dealership tomorrow to complete the sale."
On Wednesday, Ned had sold the 2014 Toyota to Rusty for $15,200.
Ned informed Sandy he had sold the Toyota to someone else on Wednesday.
Sandy sued Ned for breach of contract.
What would you decide if you were the judge in this case?
3. Scenario: Employer promised to pay Employee a $10,000 annual pension for the remainder of Employee's life, beginning with the time of Employee's retirement. In return, Employee promised to pay Employer $100 per year for each of the years he continues to work until retirement.
Employee relied on this promise and took out a mortgage on a retirement house. Three years later Employee retired; Employer refused to honor his promise to pay Employee the $10,000 annual pension.
Employee wants to sue Employer for breach of contract.
Analyze the agreement. Does Employee have a valid claim against Employer for a breach of contract? Why or why not?
4. Scenario: Stewart Trucking Company is a New York-based sole proprietorship and small long-distance trucking company that owns 1 tractor trailer truck to deliver goods on behalf of suppliers with which Stewart's contracts. Stewart's hires/contracts with independent licensed truck drivers to make the deliveries.
Stewart's made 3 written and signed contracts with 3 independent licensed truck drivers on November 3, 2016.
Contract 1: a contract with Elgin to drive from New York to Colorado to deliver goods, beginning November 5, and return with the empty truck to New York on November 8, 2016 for $1200 to be paid to Elgin upon return to New York. Elgin made the delivery and round trip without incident.
Contract 2: a contract with Ian to drive from New York to California to deliver goods, beginning November 10, and to pick up goods in California and deliver them to Kansas, then return with the empty truck to New York by November 15, 2016 for $2500 to be paid to Ian upon return to New York. Ian delivered the goods to California, picked up the goods in California and delivered them to Kansas.
While stopped at a rest area in Philadelphia, on the return trip to New York on November 15, the truck was hit by another tractor trailer truck causing the engine to explode and destroy Stewart's truck. Ian was not in the truck at the time and was not injured.
Contract 3: a contract with M.J. to drive from New York to Texas to deliver goods, beginning November 16, and return with the empty truck by November 18, 2016 for $1000 to be paid to M.J. upon return to New York.
Analyze and explain the (1) status of each of the 3 contracts, (2) Stewart's obligation under each contract to Elgin, Ian, and M.J., respectively, and (3) the rights and obligations of Elgin, Ian and M.J. under their contracts as of November 15.
5. Boris was jay walking across a busy street. Pat was driving over the speed limit, and hit Boris as he was crossing the street. Boris received a broken arm and broken ankle.
Boris sued Pat for negligence to recover damages for his injuries. Neither comparative nor contributory negligence defenses are permitted in the jurisdiction.
Analyze and discuss whether Boris will be successful in the negligence clam and why or why not.
6. Scenario: Jackson was standing in the checkout line at Smith's convenience store. Suddenly, several glass bottles of water sitting in a nearby aisle exploded spontaneously. Jackson received cuts from the glass that required stitches to his face, legs, and arms. He was treated and released from the ER.
A. Analyze whether Jackson has a valid strict product liability claim against Smith's, and why or why not.
B. Regardless of your conclusion in part A above, assume Jackson sues Smith's under strict product liability, what product liability claims should he make, and who should he sue?
7. Lenny parked his car in Park-It, an open downtown parking lot. He picked up a ticket from the parking lot attendant at the entry gate to the lot. The parking rate is $9 for 4 hours, $15 for 8 hours. Payment is made in an unattended, automatic payment kiosk as parkers leave the lot. Parkers keep their car keys; Park-it does not have access to parked cars.
When Lenny returned 6 hours later, his car had been stolen.
If Lenny sues Park-It, what is the likely result and why?