The court decided the contract was a sale of services and was enforceable because the agreement consisted of a…
The case of Tommy Takem, the owner of Takem’s Appliances & Electronics, LLC against Sally Walker is one of a mistreated sales contract. When Sally Walker purchased the laptop from Takem’s Applicances & Electronics, she entered into a sales contract in which she promised to pay for the laptop. The specific terms of the contract are unknown, as to the price Sally agreed to pay Takem for the laptop, the time period over which the payments would be made, if the contract was written or oral, and so on. It is even unknown whether the contract is even valid at this point. Assuming that at the time Sally purchased the laptop, both she and Takem came to an agreement on all terms, thus entering into a sales contract.…
Marshall is the purchasing agent for the DigitoolArt Corporation. His duties require him to negotiate and execute contracts to purchase office supplies and equipment for the corporation. Assume that Bronson, a computer salesperson, pays Marshall a $20,000 kickback to purchase from him computers needed by the DigitoolArt Corporation. What breach of the duty of loyalty has Marshall committed here? A) competing with the corporation B) making a secret profit C) self-dealing D) usurping a corporate opportunity 4.…
ISSUE Will a plaintiff be able to present a cause of action for tortious interference with a contract under Michigan law, which requires (1) the existence of a contract, (2) a breach of the contract, and (3) an unjustified instigation of the breach by a third party, where there was a contract for the sale of a restored property, the buyer breached this contract by refusing to complete the purchase, and a third party’s statements in a newspaper might have caused the breach? BRIEF ANSWER Yes. Ms. Garcia likely has a cause of action for tortious interference with a contract.…
Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…
Sam Stevens has two potentially legal matters that he is facing at the same time. The first case involves a verbal agreement between Sam and the manager of a national chain store. Sam invented a sound machine that imitates dogs barking in an attempt to deter burglars. Sam told the manager he would ship 1,000 units to the store. It has now been several months later and Sam has not shipped any devices and has received a letter from the store asking for the agreed upon units promptly.…
The issue raised by the question is whether Sally’s call constitutes an offer. If it does, Ron’s answer of the question is an acceptance of the offer, in result to an existing contract between the parties. However, if Sally’s call is only an invitation to treat, there is no contractual bound between the parties, because Ron’s answer of the questions will not be the acceptance of an offer. In fact, Sally’s call would consist that the making of an offer to answer the question about a product she was promoting and Ron accepted the offer, given that he told Sally he would have answered the question.…
Did Jim and Laura Buy a Car? A legal contract should clearly state the terms of reference. For the case of the buyer and the seller, the contract must state the price of the commodity and other details such as the condition of the commodity. For the case of purchasing a car, the sales agreement is a legal contract signed by both the seller and the buyer. For Jim and Laura, they did not sign any legal written document binding them to buy the said car.…
Rationale: 1. Under Tort law, Tony and Doug lied to Robert, their behavior was a fraud and violated the fiduciary duty of care, what they said didn’t in good faith and was harmful to the company. 2, Tony and Doug violated section 10(b) and rule 10b-5 of the Securities Exchange Act of 1934 by making untrue statement of a material fact willfully. a. Fact: Laura was fired by Doug after the meeting.…
Sales practices have many ethical issues specially if sales incentives are involved. It is easy for salespeople to forget that the person that they are dealing with has rights as well as them. In this case of Olivia and Nina were involve in an ethical issue where Olivia chose to benefit herself over her customer. Olivia did not treat Nina ethically because she offered a camera that did not benefit the customer, in this case Nina, instead Olivia chose to benefit herself.…
Such situations can end up in court, this to allow the law to figure out who is right or wrong. With a written contract, the courts or laws can decide who benefits from the terms of the contract. For this to be true, both parties must agree to the formation of the contract. Before any party accepts any offers from a contract, they must pay close attention to its terms, terms are a very important part of a contract. Terms are elements…
I believe that the auditors in this case, Ernst & Whinney, should have great blame in not having the sufficient information and knowledge to fall into the pressure of the bribes committed by Minkow and analyze the fraud that was occurring. The upper management in ZZZZ Best made the financial information seem perfectly fine, therefore the auditors were unable to identify any miscalculations that would then lead to fraud. Minkow and his company for years kept on staling the fact that his insurance business had an actual positive cash flows system occurring. This would keep the auditors from seeing the main problem concerning the fraud that was started from the very beginning by Minkow and his carpet/insurance business. As this wasn’t enough fake information conducted by…
Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…
The scenario clearly depicts the unlawful act of Aussie Clothes because they accepted the delivery and then refused to pay the price of the items. In fact, Aussie Clothes sold the items on discounted price to the customers and gain profit. The issue or the problem lies with the Aussie Clothes because instead of returning the items and terminating the contract they accepted the delivery and gained profit. On the other hand, Jump Clothing (seller), took advantage of this unlawful act of Aussie Clothes and initiated a legal action in terms of breach of contract. Consequently, the seller won within their country.…
James, Adjou, Sylvia, Bob and Tim (represented by Ian) require identifying and advice as to the applicability of relevant contract and tort/delict principles to the current scenario presented in the problem question. Before proceeding with advising the individual’s, we need to check the validity of the contract and to establish the note displayed on the car windscreen is “Invitation to Treat” (or) “Offer”. The difference between the two is significant and need to be specifically identify, as the ‘invitation to treat’ cannot be accepted legally and an offer is an expression of willingness to contract on the specified terms without further negotiation and which is legally accepted.…