Jury 1 To- Z (first letter of last name) DUE at 11pm
66 unread replies.66 replies.
The Case of the Director Who Wore Too Many Hats
Amanda is one of 5 directors of Abundent Investments Corporation. She is also a majority shareholder holding both common and preferred stock. Her stock with voting rights amounts to 47% of all stock issued with voting rights.
Amanda buys, for $1,500, an option to purchase a tract of real estate called Blackacre, which is next to Abundent’s home office, for $50,000. Amanda forms a new corporation, Commercial Property, Inc., to hold the option. She then has Commercial Property buy Blackacre. As a director of Abundent, Amanda orders Abundent to authorize its real estate agent to negotiate the purchase of the land from Commercial Property for $100,000. After a successful negotiation for the purchase of Blackacre for $100,000, Amanda has Commercial Property sell it to Abundent, and loan the money to Abundent for the purchase price at a 5% interest rate which is 2% below the market rate. Justin, a minority shareholder in Abundent, formally complains to Abundent’s board which takes no action.
The Trial
Justin files a suit against Amanda on Abundent’s behalf seeking to cancel the sale. Amanda asks the Court to dismiss the lawsuit as Justin has no standing to bring the lawsuit.
Arguments At Trial
Amanda’s attorney argues that Blackacre is necessary for Abundent as it will allow them to expand their offices and production plant thus increasing the net worth and potential profits to the shareholders. Further, the Board of Directors of Abundent authorized the purchase which appeared to be in accordance with the Articles of Incorporation.
Justin’s attorney argues that the purchase of Blackacre should have been put to a vote of the shareholders of Abundent as required by Abundent’s Bylaws. Abundent’s Board of Directors failed in its duty to make sure this sale was in the corporation’s best interest.
Questions to Decide
What kind of suit will Justin file and what is its basis?
Who are the Plaintiffs and who are the Defendants? Why?
What are the defenses, if any, of Abundent or Amanda?
Who will win the case and why?
Category: Business Law
Jury 1 – J – P (first letter of last name) DUE at 11pm 33 unread replies.33 repl
Jury 1 – J – P (first letter of last name) DUE at 11pm
33 unread replies.33 replies.
You’re on the Jury : The Case of the Politically Incorrect Sign
Disturbed by the number and variety of signs that individuals were putting up within its borders, a City passed an ordinance prohibiting all signs on private property except in commercial areas for advertising. Filippo, a homeowner, pasted a sign on the front door of his house containing an American flag with these words underneath the flag: “Down with the Mayor and the City Council – Our rights are being violated”. He then went door to door in his neighborhood passing out copies of this sign and asking his neighbors to display it as well. Filippo was arrested for violating the ordinance.
The Trial
During the trial, a witness for the City described how many signs had appeared in the past on homes and on lawns for commercial home businesses, ruining the appearance of the community. He explained that many other cities and towns had experienced the same problems and that the ordinance was reasonable and the only way to solve the problem. The restriction, he said, was content neutral as it was addressing a societal problem. Filippo testified that the sign he had put up was a small one and that other City residents had raised flags on national holidays and put up signs showing their patriotism. None of these residents had been arrested.
The Arguments at Trial
The City’s attorney argued that a city had the authority to regulate signs within its borders to protect the appearance and value of properties. She further argued that the ordinance did not unduly restrict free speech as there were other ways for residents to express their views: radio, television, and the newspapers. Filippo’s attorney argued that the regulation violated the freedom of speech provisions of the federal constitution, was too broad, too vague, and was unreasonable. He argued that the City could have limited the ordinance by restricting signs over a certain size and in certain locations. He further argued that it was unreasonable to restrict the expression of opinions except for the use of the media.
Discussion Questions to be Answered
Who has the stronger arguments, the City or Filippo? Why?
What are the laws here that are being applied and is their application proper?
If you were the on the jury hearing this case, for whom would you decide? Why?
Jury 1 Ab – Ak (first letter of last name) DUE at 11pm 1919 unread replies.1919
Jury 1 Ab – Ak (first letter of last name) DUE at 11pm
1919 unread replies.1919 replies.
Case of Global Ethics vs. Global Economy
This is a case that will be tried in the court of Public Opinion.
Gala Shoe Company, a United States corporation, buys clothing assembled by Emerald, LTD., a foreign company that employs children under 12 years of age. These children work nine hour days and for low pay. Emerald’s nation does not enforce its child labor laws limiting workdays to seven hours for children under 12. Many times the children’s income is needed by the family for basic necessities. Emerald and Gala are aware of this.
Human International Politics (HIP), an international political activist organization, discovered Gala’s connection to Emerald, LTD. HIP plans to reveal this information to the press and on social media. Gala hears about this proposed action by HIP. Before HIP can act, Gala terminates its relationship with Emerald. Gala then publicizes this action in its advertising. The company’s sales and profits increase, apparently as a direct result.
Has Gala acted unethically in any way(s)? Explain using one of the ethical philosophies from the readings and facts from the scenario.
From an ethical perspective, is Gala’s conduct in terminating its relationship with Emerald more important than whatever its motive might be? Why or why not?
Jury 1 Al – As (first letter of last name) DUE at 11pm 44 unread replies.44 repl
Jury 1 Al – As (first letter of last name) DUE at 11pm
44 unread replies.44 replies.
The Case of the Customer Who Died to Soon
Facts:
On October 26, a Diamond Country Life Insurance agent went to the house of Dedee and Bob Hooper. He persuaded the Hoopers to buy a life insurance policy and accepted a check for $1,600. On his way out the door, he gave the Hoopers a “conditional receipt for medical policy,” dated that day. The form stated that the Hoopers would have a valid life insurance policy with Diamond Country Life, effective October 26, but only when all conditions were met. The most important of these conditions was that the Diamond Country Life home office accept the Hoopers as medical risks after the company scheduled a medical examination. The Hoopers were pleased with the new policy and glad that it was effective that same day.
Bob died in a car accident three weeks later. Diamond Country Life declined the Hoopers as medical risks and refused to issue a policy. Dedee Hooper sued. Diamond Country Life pointed out that medical approval was a condition to being covered. In other words, the company argued that the policy would be effective as of October 26, but only if it later decided to make the policy effective. It had not made that decision as of the date of Bob’s death.
At Trial
Plaintiff argued that the policy was a scam. The so called “conditional receipt for medical policy” is designed to trick customers and then steal their money. The company leads people to believe they are covered as of the day they write the check. But they aren’t covered until much later, when the insurer gets around to deciding the applicant’s medical status.
The company gets the customer’s money right away and gives nothing in exchange. If the company, after taking its time, decides the applicant is not medically fit, it returns the money, having used it for weeks or even months to earn interest. If, on the other hand, the insurance company decides the applicant is a good bet, it then issues the policy effective for weeks or months in the past, when coverage is of no use. No one can die retroactively. The company is being paid for a period during which it had no risk.
Defendant, Diamond Country Life, argued that it would be impracticable for Diamond Country Life to issue life insurance policies without doing a medical check. That is the road to bankruptcy and would mean that no one could obtain this valuable coverage. They further argued that they do a medical inquiry as quickly as possible as it is in their interest to get the policy decided one way or the other.
The policy clearly stated that coverage was effective only when approved by the home office, after all inquiries were made. The Hoopers knew that as well as the agent. If they were covered immediately, why would the company do a medical check?
Questions:
Does the clause making the policy effective only after a medical examination violate public policy? Explain
What other basis for a lawsuit might Dedee have against the insurance company? Explain
Based on your answers to Nos. 1 and 2 who will win this case and why?
The Case of the Director Who Wore Too Many Hats Ruby is one of 5 directors of Op
The Case of the Director Who Wore Too Many Hats
Ruby is one of 5 directors of Opulent Investments Corporation. She is also a majority shareholder holding both common and preferred stock. Her stock with voting rights amounts to 47% of all stock issued with voting rights.
Ruby buys, for $1,500, an option to purchase a tract of real estate called Blackacre, which is next to Opulent’s home office, for $50,000. Ruby forms a new corporation, Commercial Property, Inc., to hold the option. She then has Commercial Property buy Blackacre. As a director of Opulent, Ruby orders Opulent to authorize its real estate agent to negotiate the purchase of the land from Commercial Property for $100,000. After a successful negotiation for the purchase of Blackacre for $100,000, Ruby has Commercial Property sell it to Opulent, and loan the money to Opulent for the purchase price at a 5% interest rate which is 2% below the market rate. James, a minority shareholder in Opulent, formally complains to Opulent’s board which takes no action.
The Trial
James files a suit against Ruby on Opulent’s behalf seeking to cancel the sale. Ruby asks the Court to dismiss the lawsuit as James has no standing to bring the lawsuit.
Arguments At Trial
Ruby’s attorney argues that Blackacre is necessary for Opulent as it will allow them to expand their offices and production plant thus increasing the net worth and potential profits to the shareholders. Further, the Board of Directors of Opulent authorized the purchase which appeared to be in accordance with the Articles of Incorporation.
James’ attorney argues that the purchase of Blackacre should have been put to a vote of the shareholders of Opulent as required by Opulent’s Bylaws. Opulent’s Board of Directors failed in its duty to make sure this sale was in the corporation’s best interest.
Questions to Decide
What kind of suit will James file and what is its basis?
Who are the Plaintiffs and who are the Defendants? Why?
What are the defenses, if any, of Opulent or Ruby?
Who will win the case and why?
Calvin had been an avid coin collector for many years, and the most valuable coi
Calvin had been an avid coin collector for many years, and the most valuable coin in his collection was an uncirculated, mint condition, 1943 Lincoln penny made of copper (most pennies made during World War II were made of zinc because copper was needed in the war effort). That penny had a value of between $60,000 and $95,000.
In August of 2017, Calvin had a serious stroke that left him unable to speak or walk, but his doctor assured his family that Calvin would recover over time with intensive therapy.
Calvin was a widower and did not have any children, but he had several nephews who visited him from time to time as he recovered. None of the nephews had any real interest in Calvin’s coin collection. One of Calvin’s nephews, Billy, who visited Calvin more often than the other nephews, sometimes listened to Calvin talk (talking was a part of Calvin’s therapy) about his mounting medical bills and his coin collection, but Billy never showed much interest in the medical bills or the coin collection.
In October, as Calvin’s recovery progressed slowly, Billy visited Calvin and told Calvin that he had been reading about coin collecting, and he realized that Calvin’s collection, especially the 1943 Lincoln copper penny, was valuable, and Billy suggested that Calvin should consider selling the 1943 Lincoln copper penny and use the proceeds to pay his medical bills. Calvin resisted the idea at first, but Billy continued to urge Calvin to sell the penny so that he would not have to worry about the medical bills. Finally, when Billy told Calvin that he would arrange the sale of the penny for a commission of just 5% of the sale price of the penny, Calvin began to think that selling the coin might be a good idea. He was still a little confused about how the sale would work and what Billy would do to make sure that the penny would be sold for the best price. Calvin told Billy that he thought that the penny was worth almost $100,000, but Billy assured Calvin that the market had changed recently, and that the penny was now worth $40,000 to $45,000. Eventually, Calvin allowed Billy to sell the penny for the best price he could get and to take a 5% commission for arranging the sale of the penny. Billy then sold the penny to a friend for $40,000, took his 5% commission, and paid the remainder of the sale price to Calvin.
A few months later, as Calvin continued to recover, he read a story in a coin collecting magazine about how an uncirculated, mint condition, 1943 Lincoln penny made of copper had just sold at auction for more than $100,000, and Calvin began to wonder if Billy had taken advantage of him. Calvin consulted a lawyer and asked the two questions below.
Exhibit 11-1 (on page 239 of the textbook) explains the relevant considerations for mental incapacity. Based on the facts presented, did Calvin have the mental capacity to enter into the contract when he agreed to let Billy sell the penny?
Page 264 of the textbook poses four questions to analyze when determining undue influence. Based on the facts presented, did Billy exert undue influence over Calvin to cause Calvin to enter into the contract that allowed Billy to sell the penny?
Your journal entry must be at least two pages in length and include at least two outside sources, one source must be from the CSU Library. Be sure to use APA formatting for all citations and references.
I will need you to use the IRAC method to answer all of these and you will also
I will need you to use the IRAC method to answer all of these and you will also need a biliorgrpahy at the end you can use the textbook or online sources. Here is an outline of the IRAC method :
o I: Issue: The issue is whether ….
o R: Rule: The rule of law (for the issue) is ….
o A: Analysis: The facts of the case are … and apply to the rule of law by …
o C: Conclusion: Therefore, …
1. Joe Andrews delivered his quarter horse I’ll Call Ya (worth about $319,000 in 2010 dollars) to Harold Stone for boarding and stabling. Later he asked Stone if Stone could arrange for the horse’s transportation some distance, and Stone engaged the services of the Allen brothers for that purpose. Andrews did not know the Allens, but Stone had previously done business with them. On the highway the trailer with I’ll Call Ya in it became disengaged from the Allens’ truck and rolled over. The mare, severely injured, “apparently lingered for several hours on the side of the road before she died without veterinary treatment.” The evidence was that the Allens had properly secured the horse’s head at the front of the trailer and used all other equipment that a reasonably prudent person would use to secure and haul the horse; that the ball was the proper size and in good condition; that the ball was used without incident to haul other trailers after the accident; that Ronny Allen was driving at a safe speed and in a safe manner immediately before the accident; that after the accident the sleeve of the trailer hitch was still in the secured position; and that they made a reasonable effort to obtain veterinary treatment for the animal after the accident. The court determined this was a mutual-benefit bailment.
Textbook section 17.5 #1 The issue is whether the Allens are liable for the loss of I’ll Call Ya.
2. Fisher Corporation, a manufacturer of electronic equipment, delivered VCRs to Consolidated Freightways’ warehouse in California for shipment to World Radio Inc., an electronics retailer in Council Bluffs, Iowa. World Radio rejected the shipments as duplicative, and they were returned to Consolidated’s terminal in Sarpy County, Nebraska, pending Fisher’s instructions. The VCRs were loaded onto a trailer; the doors of the trailer were sealed but not padlocked, and the trailer was parked at the south end of the terminal. Padlocks were not used on any trailers so as not to call attention to a trailer containing expensive cargo. The doors of the trailer faced away from the terminal toward a cyclone fence that encircled the yard. Two weeks later, on Sunday, July 15, a supervisor checked the grounds and found nothing amiss. On Tuesday, July 17, Consolidated’s employees discovered a 3 × 5 foot hole had been cut in the fence near the trailer, and half the VCRs were gone; they were never recovered. Consolidated received Fisher’s return authorization after the theft occurred. If Consolidated is considered a carrier, it would be strictly liable for the loss; if it is considered a bailee, it is not liable unless negligent.
Textbook section 17.5 #2A The issue is whether Consolidated is a carrier. Textbook section 17.5 #2B The issue is whether Consolidated is a bailee.
3. Ernest lost both his legs in combat in Vietnam. He has applied for a job with Excelsior Products in the company’s quality control lab. The job requires inspectors to randomly check products coming off the assembly line for defects. Historically, all inspectors have stood two-hour shifts. Ernest proposes to sit in his wheelchair. The company refuses to hire him because it says he will be less efficient. Ernest’s previous employment record shows him to be a diligent, serious worker. Does Ernest have a legal right to be hired?
Textbook section 51.5 #3 The issue is whther Ernest has a legal right to be hired.
4. Charlie Goodfellow works for Yum-burger and has always commanded respect at the local franchise for being the fastest server. One day, he undergoes a profound religious experience, converts to Sikhism, and changes his name to Sanjay Singh. The tenets of his religion require him to wear a beard and a turban. He lets his beard grow, puts on a turban, and his fellow workers tease him. When a regional vice president sees that Sanjay is not wearing the prescribed Yum-Burger uniform, he fires him.
Textbook section 51.5 #4 The issue is whether Goodfellow has any legal remedies following being fired.
Law101 Case Title: Cancellation of Contract and Undue Influence Parties Involved
Law101
Case Title: Cancellation of Contract and Undue Influence
Parties Involved:
Party A: John Doe (Student)
Party B: XYZ Corporation (Large Manufacturing Company)
Facts:
John Doe, a student, entered into a contract with XYZ Corporation for the purchase of a piece of machinery. However, issues arose during the contract, leading John Doe to claim lack of agreement and undue influence.
Lack of Agreement:
John Doe argues that he didn’t fully understand the contract when he signed it. He believes he didn’t give his genuine consent and wants to cancel the contract. John Doe also believes that he should get back the money or consideration he gave to XYZ Corporation.
Mistake by One Party:
John Doe admits that the mistake was made by him alone and not by XYZ Corporation. However, he believes that the contract should still be valid despite his mistake. XYZ Corporation disagrees and thinks the contract should be canceled due to the mistake.
Undue Influence:
John Doe claims that XYZ Corporation exercised undue influence over him during the contract negotiation and signing. He says they rushed him into agreeing to the terms, prevented him from seeking advice, and that the contract unfairly benefits XYZ Corporation.
Ruling:
After considering the facts and the law, the court makes the following rulings:
Cancellation of Contract due to Lack of Agreement:
The court agrees with John Doe that he didn’t fully understand the contract. Therefore, the court cancels the contract, and John Doe, as the student who wants to cancel the contract, should get back the money or consideration he gave to XYZ Corporation.
Mistake by One Party:
The court decides that John Doe’s mistake alone doesn’t make the contract invalid. The contract remains in effect, and both parties must fulfill their obligations under the contract.
Undue Influence:
The court finds evidence supporting John Doe’s claim of undue influence by XYZ Corporation. They rushed John Doe into agreeing, prevented him from seeking advice, and the contract unfairly benefits XYZ Corporation. As a result, the court allows John Doe to cancel the contract due to undue influence, and both parties must return any money or consideration they received from the other.
After reading and studying this case above, please answer the following questions:
1- Who made the mistake in the contract?
2- What is the legal principle regarding the binding nature of contracts in cases of unilateral mistake?
3- Can you explain the concept of undue influence in contract law?
4- How did XYZ Corporation allegedly rush John Doe into consenting to the contract terms?
5- What is the legal consequence of the court ruling the contract voidable based on undue influence?
6- What does the court order both parties to do regarding the cancellation of the contract?
7- In light of Chapter 17, provide examples of questions affecting determination of undue influence
I need the answers In word file thank you
Law101 Case Title: Cancellation of Contract and Undue Influence Parties Involv
Law101
Case Title: Cancellation of Contract and Undue Influence
Parties Involved:
Party A: John Doe (Student)
Party B: XYZ Corporation (Large Manufacturing Company)
Facts:
John Doe, a student, entered into a contract with XYZ Corporation for the purchase of a piece of machinery. However, issues arose during the contract, leading John Doe to claim lack of agreement and undue influence.
Lack of Agreement:
John Doe argues that he didn’t fully understand the contract when he signed it. He believes he didn’t give his genuine consent and wants to cancel the contract. John Doe also believes that he should get back the money or consideration he gave to XYZ Corporation.
Mistake by One Party:
John Doe admits that the mistake was made by him alone and not by XYZ Corporation. However, he believes that the contract should still be valid despite his mistake. XYZ Corporation disagrees and thinks the contract should be canceled due to the mistake.
Undue Influence:
John Doe claims that XYZ Corporation exercised undue influence over him during the contract negotiation and signing. He says they rushed him into agreeing to the terms, prevented him from seeking advice, and that the contract unfairly benefits XYZ Corporation.
Ruling:
After considering the facts and the law, the court makes the following rulings:
Cancellation of Contract due to Lack of Agreement:
The court agrees with John Doe that he didn’t fully understand the contract. Therefore, the court cancels the contract, and John Doe, as the student who wants to cancel the contract, should get back the money or consideration he gave to XYZ Corporation.
Mistake by One Party:
The court decides that John Doe’s mistake alone doesn’t make the contract invalid. The contract remains in effect, and both parties must fulfill their obligations under the contract.
Undue Influence:
The court finds evidence supporting John Doe’s claim of undue influence by XYZ Corporation. They rushed John Doe into agreeing, prevented him from seeking advice, and the contract unfairly benefits XYZ Corporation. As a result, the court allows John Doe to cancel the contract due to undue influence, and both parties must return any money or consideration they received from the other.
After reading and studying this case above, please answer the following questions:
1- Who made the mistake in the contract?
2- What is the legal principle regarding the binding nature of contracts in cases of unilateral mistake?
3- Can you explain the concept of undue influence in contract law?
4- How did XYZ Corporation allegedly rush John Doe into consenting to the contract terms?
5- What is the legal consequence of the court ruling the contract voidable based on undue influence?
6- What does the court order both parties to do regarding the cancellation of the contract?
7- In light of Chapter 17, provide examples of questions affecting determination of undue influence
I need the answers In word file thank you
Instruction and question in the attachment. Instructions: • Only typed solution
Instruction and question in the attachment.
Instructions:
• Only typed solution needed.
• Word limit 250 – 300
• Plagiarism free
• Solutions generated from any AI platform is strictly Prohibited.
Referencing Style APA