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.…
Id. at 388. The two parties entered into a written contract for the sale of 120 acres of “Old Satcher Place”. Id. at 389. The description omitted the county and state of the land. In addition, the contract made no mention of the deed that was supposed to be executed in the sale.…
This case has multiple issues that need to be discussed and clarified. First of all, Cory advances an advertisement regarding selling his computer. He then affirms that the binding will start according to the date of the acceptance. His first offer comes by email, but encounters some faults that delay its arrival. The email is followed by a fax that counter-offers the initial proposed price.…
Case Activities 2 Negotiability In this case, Cory Babcock and Honest Air Conditioning & Heating purchased a new 2001 Chevrolet Corvette in September 2001 from Cox Chevrolet in Sarasota, Florida. The retail installment sales contract (RISC) stated that there were required monthly payments to be made until the balance of $52,516.20 was paid in full. There were other conditions imposed by RISC on the buyers and seller with respect to the payment for and handling of the Corvette. Cox then assigned the RISC to General Motors Acceptance Corp (GMAC) and in August of 2002, the buyers sold the car to Florida Auto Brokers, which they agreed to pay the balance due on the RISC.…
The supreme court of Illinois ruled in favor of Rosewood Care Center, meaning that Caterpillar was held liable to cover the costs of Betty Jo Cooks care at treatment while she was recovering. The appellate court held that a promise to pay the debt of another is subject to the statute of frauds, because the employer promised to pay for the employee's care before the debt came into existence, the employer's promise to pay was not subject to the statute of frauds and that the health care provider's complaint was improperly dismissed by the trial court. The rule that is being applied in this case are the statute of frauds which requires that certain types of contracts be in a particular form to be enforceable. In this case Caterpillars argument was that the promise to pay the debt was not with in the statute of frauds, but because Caterpillar had agreed to pay the bills before any debt existed it did fall in the statute if frauds and did not have to be in writing.…
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.…
What are the six general categories of criminal law violations? Describe each, and rank the categories in terms of seriousness. Then list and describe the eight general features of crime. What are the “three conjoined principles” that comprise the legal essence of the concept of crime?…
I’m just like many other people really don’t like the advertising adds that are everywhere now they are on the trains, on the street, in the mail and they are been played on the TV and internet all the time. Now antil watching this movie I had no idea how powerful those adds are and how much they affect our decisions. And after watching this movie I can understand why Montana adopted the Corrupt Practice Act. They adopted this act in order to have a say in their own state. In my opinion the US Supreme Court decision in Citizens United had an extreme impact on American political campaigns and not in a good way.…
Dage Michael Martinez Fraud Auditing May 1, 2016 Fraud Audit Program: Hollate Assess: Fraud: Type/Scheme Control Opportunity Occurs/Fraud Scenario Concealment Red Flags Conversion Journal Entry Scheme The scheme likely occurred due to management override of controls.…
1) At Peregrine, the risk factors, especially those aligned with control environment factors and the “tone at the top” are discussed. The risks included having a paper based confirmation system for the entire business; no segregation of duties, which meant that only one or very few people were working on the financial statements, and in this case Mr. Wasendorf was the only one and had altered all bank documents using only Photoshop, excel, scanners, and printers. Continuing on, time off was not required at Peregrine, which could have ultimately discovered this fraud much earlier, by allowing someone else to sit in the absentee’s seat and review all of their work. Additionally, Peregrine lacked internal auditors or an audit committee at the time. The presence of the internal auditors could have decreased odds of misstatement incentives to commit fraud by management, called fraudulent financial reporting, and overseen…
Answer: Yes, Bo would be entitled to a decree of specific performance against Sadia. Under the Statute of Fraud, if there is a contract for the sale of a property such as Lot No. 2, there must be writing in order for to be enforceable. Because Sadia put the agreement they had in writing and signed it, Bo has the authority to buy Lot No. 2 from Sadia.…
Legitimation has two parts, first is justification designed to get one comply to a certain practice. Second manufacturing the consent of those listening by giving such response as “you’ll get to hell if you don’t”. There are eight types of legitimation that are introduced in this chapter they are: a legitimation, obvious legitimation, religious legitimation, non-religious legitimation, supernatural legitimation, oppressive legitimation and intentional legitimation. In chapter five of A Critical Introduction to Studies of Religion, Martin defines legitimation as a tool that maintains or manufactures consent to social order, using culture, cultural toolbox, justification, and criticism of conventions followed by all types of legitimation. In…
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…
Abstract The purpose of this paper is to give an outline the fraudulent activities that take place in the healthcare world. This paper will provide information about the fraud that is ever so popular in today’s healthcare world. Overview/Summary Healthcare today is one of the most profitable businesses in America any many criminals are trying to take advantage of that and make a quick buck.…
The utilities of perfecting the "perfect crime" are denoted as lack of quality evidence. This term is often utilized in law and fiction to characterize crimes that are undetected. This phenomenon has fascinated thriller writers and enthusiasts for a long time. There are three cases of “perfect crime” which are the undetected crime, the loophole crime, and the pure unsolvable crime. The undetected crime classic example is a murder that 's passed off as a suicide, or maybe death by natural reasons.…