P 205 case 7 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. The mistake occurred. Mary McDonald entered into an agreement in such a way that the …show more content…
cheque in the amount of $4500 instead of the full $6000. In this case, the agent (Kent) did not disclose the identity of the principal to the third party (Somerset Pet Shops Ltd.), so the agent alone in this case would be liable. The third party may look to the agent for damages. The agent, by the same rule of law, would be entitled to enforce the agreement against the third party if the third party should fail to perform the agreement in accordance with its terms. P 309 case 5 Due to its nature, partnership is generally liable for the acts of the individual partners if committed in the course of the partnership business. However, liabilities of every partner may be regulated by the written agreement signed by partners. If no written agreement is signed by partners, liabilities of the partnership are regulated by the Partnership Act. If one of the partners retires, he or she may not be liable for the future debts of partnership if an official notice of the change is sent to creditors and the public. However, there were no official notice sent by the partners in the case; therefore, Toby may be liable for the debts of partnership. Due to the death of the third partner, partnership may be dissolved. In order to pay off the debts, assets should be sold and partners are free to continue the same kind of business after the dissolution of the
| The partners are jointly and severally liable for business debts and obligations. The partners are held personally responsible for the business and may be sued personally for liability. Partners’ personal assets are subject to lawsuit(s) made against the business. Lack of continuity; death of a partner may end the partnership/business if a buy/sell agreement is not in place. Disagreements may be difficult to resolve.
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.
There is a literal conflict between the state and the federal measures, so that it is impossible to follow both simultaneously.
Robert Briggs and his wife purchased a home located at 167 Lower Orchard Drive, Levittown, Pennsylvania. They made a down payment and borrowed the balance on a 30-year mortgage. Six years later, when Mr. and Mrs. Briggs were behind on their mortgage payments, they entered into an oral contract to sell the house to Winfield and Emma Sackett if the Sacketts would pay the three months’ arrearages on the loan and agree to make the future payments on the mortgage. Mrs. Briggs and Mrs. Sackett were sisters. The Sacketts paid the arrearages, moved into the house, and continued to live there. Fifteen years later, Robert Briggs filed an action to void the oral contract as in violation
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.
Consider issues raised by the article involving the complexity of litigation and the make-up of juries. What is the nature of some of the complex lawsuits at issue today? Do you believe that our current jury system is sufficient to handle emerging complex issues?
▪ Discuss the facts of the case study. What facts are in dispute? What facts are agreed?
The complainant, N is the husband and legal guardian (since March 3, 2009) of A; A is the sister of M. On June 12, 1989 B, the mother of A and M, retained Attorney J, a family friend, to assist in the execution of a deed. The deed transferred the ownership of Barbara's home at 27 Elm to Al and M. Shortly after on October 16, 1989, another deed for the same property was executed transferring a portion of the property back to Barbara. This document is purported to contain the signatures of B, Al, and M Helena. On January 25, 2006
The issue is whether the UCC or Common law apply when Helen and Reggie discussed the sale of Reggie’s piano.
The dissent argued that the corporate veil should be pierced in this case. The argument was that Westerlea was organized solely to benefit Defendant, not to operate as a separate entity. Westerlea did not have a separate corporate identity because it was Defendant’s wholly owned subsidiary that had the same directors and management as Defendant. Westerlea was undercapitalized because Defendant provided Westerlea with small capital and Westerlea maintained insufficient funds to cover the cost of building the homes. Westerlea’s purpose
In light of all the facts based upon the law relating to nondisclosure agreements (NDA’s), a court most likely would rule in favor of Greene's Jewelry. This ruling comes from the matters of breaking legal contracts. NDA’s are legal binding contracts. Ms. Jennifer Lawson breached the confidentiality agreement/contract, that she was required to sign upon working for Greene's, when she took secret information to multiple competing jewelers. The agreement was a valid bilateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each
Joseph purchased two commercial ovens for his restaurant and paid via Paypal. At first, the ovens seemed acceptable however it soon became apparent that the hinges on the doors weren’t installed properly making it impossible for the doors to close properly. After contacting the seller and alerting them of the issue they have offered to have a repairman go onsite and correct the defect however Joseph wants to return the ovens and receive a refund in full. Joseph would like to know if there is a warranty and if so, what the terms are. He would also like to know which remedy is more likely under the circumstances.
In this scenario, if the United States Government were to mandate a similar set of restriction and censorship requirements on Google searches, and other search engines, the legal issue that would arise through this new government policy is the breaking of H.R.491 - Global Online Freedom Act of 2013. The Global Online Freedom Act of 2013 was created:
(a) The legal issue is can Delusions of Grandeur Ltd increases the dividend rate for preference shareholders from 7 per cent to 10 per cent immediately?
Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?