In this appeal, Nduemeni argues specifically that it was error to admit the testimony of Fouzing, the realtor that allegedly brokered the deal between Nduemeni and Kemogne. After hearing Fouzing’s and Ngeugaum’s voir dire testimony, Nduemeni again moved the court to exclude his testimony. Having given Nduemeni an opportunity, albeit brief, to ascertain the content of the proposed witnesses’ testimony, the trial court denied Nduemeni’s motion to exclude the witnesses from testifying.…
Fraud is a gross disparity in the element of consideration. John is not arguing against any of the other elements, but now with the current statistics of the team he is trying to sue under the tort of fraud. That the salesman provided him with false pretenses and that he relied on the misrepresentation and this caused him to alter from his original decision and purchase the season tickets. He wants special damages paid in the form of a reimbursement of the season tickets. John believes that the salesman for the season tickets gave him false pretenses when stating that he can “pretty much guarantee [John] that [the Nacogdoches Tigerbears] will be going to the playoffs this year.”…
Introduction In this paper, I will discuss the key facts, issues, and court holdings of the Fare v. Michael C. case. Discussion The Fare v. Michael C. case was heard before the United States Supreme Court in 1979, following an appeal referencing the Miranda Warnings issued to the juvenile defendant (Elrod & Ryder, 2014). At the time of the arrest in February 1976 in Van Nuys, California, the suspect, Michael C., was just over sixteen years old (FindLaw, n.d.)…
In the Protagoras's Wager, I believe that Protagoras's pupil Eulathus won the case. My reasoning for that would be that Eulathus backfired toward the argument with his own masters tactful speaking skills as follows " No sir you have it backwards. If you defeat me in court then I have lost my first case and so do not owe the money; if I defeat you, the court will rule that I do not owe you the money. Either I defeat you or you or you defeat me.…
The City of Boston has filed a lawsuit in a new effort to block the development of a the casino development planned for Everett waterfront. The lawsuit challenges the validity of a vital component needed for Wynn Resorts to begin construction. Among the arguments detailed in the lengthy 41-page suit is an assertion that the Massachusetts Gaming Commission made an error by entitling the Wynn a casino license prior to mapping out a complete a solution for the Sullivan Square traffic debacle. The 10,000 plus page traffic plan for the devlopment has gone through numerous revisions and debates since it was filed in 2013.…
The salesman, Stan duped them to produce the $100 deposit that is supposed to be refundable. The agreement was between adults of legal capacity. In this case, Jim, Laura and the salesman are all adults of legal capacity. This means that they are individuals who are eligible for getting into a…
Recently, Dinesh Kumar was faced with an ethical dilemma. Dinesh, a new hire accountant at O’Brian & McKinney, was asked by Kate McKinney, the company’s co-founder, to investigate the billings of an important client, Russell Brandy. Russell Brandy has been dissatisfied with O’Brian & McKinney, claiming he has been overcharged. As a result, Tom O’Brian, the company’s co-founder, has pushed to fire John Goodfellow, the Account Executive in charge of Russell Brady’s account, and give the account to Danielle Chen. Danielle is the Account Executive in charge of the account of Collin Bennet, a very happy client.…
Additionally Fleming receives two, fifteen minute paid…
Reflection Paper #2 During this week’s discussions the focus was on Chapter 3 “Philosophical Ethics and Business”. What I found Interesting was the ethics behind Jestgo Corporation bankruptcy case. In class we spent time on the different ethical theories that can be applied to this case, however, I wanted to look at the case profoundly and relate it to the ethical theories we were taught.…
This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a legally binding agreement in law between two or more parties, which is enforced by law or by binding arbitration if it covers the elements of a valid legal agreement. For there to be a valid contract, three elements must be present, offer, acceptance, and consideration. If there is no consideration, there is no contract; however, with promissory estoppel instead of consideration, if there is a promise which induces reliance, the court would find some sort of liability for the promise.…
36. a) Yes, because even though Peterman only provided Fogelman with a contract of agency that allowed him to sell the home, it can be inferred that he is also allowed to sell the piano that was still in the home. It does not have to be explicitly stated in the contract of agency. b)…
It’s because an oral agreement for land is enforceable if there is partial performance. Sadia accepted the $1,000; therefore, it is an indication that the buyer has paid part of the price and a partial performance has taken place. No signed writing is needed for a specific performance. 10. Assume that in the preceding problem Sadia had sent to Bo a receipt for the $1,000 reading as follows: "January 11.…
Flannery O’Connor produced a short story—one that almost allows the reader to have free admission into their own objective thoughts—titled “The Lame Shall Enter First” (1965). However, the 3rd person narration is interrupted an unsettling number of times by one of the main character’s biases; O’Connor cannot help but include Sheppard’s own thoughts and feelings throughout the tale. In these instances, the opportunity is lost for the reader to draw their own conclusions on the narrative’s events. The text allows for this to happen both through what Sheppard articulates and with the addition of free indirect discourse (free indirect discourse refers to a transition from background information in a story into the thoughts of a character). Sheppard…
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 problem that is presented in the Societal Impacts of Marketing minicase is one that is becoming more frequent in society today, as we are continuously striving to become more modernized. The case illustrates a typical business environment where new ideas are proposed to superiors each day. To preface, the three main people involved in this situation all have personal connections with each other. Len Quill works for Artifacts, Ltd. under his boss, Mary Mathers. Mary Mathers’ client is Bob Littman, an art gallery owner and ethnic art importer, who Len has been working closely with to purchase from for Artifacts, Ltd.…