Legal Issues Question 1

LEGAL ISSUES 8

LegalIssues

Question1

Therewas no contract between Jane Kurzyniec and Firestorm. An employmentcontract commences immediately an employee begins working for anemployer. Although sometimes a contract may be automatic when aperson accepts an offer for employment, there is need for a writtenstatement to prove the claims. In the case of Jane, there was nocontract because he had not begun her job yet. Even though shereceived a letter to attend the medical exam before she could starther job, the contract was not legally signed.

Question2

Thecontract between Troy Blackford was valid before he was banned fromthe casino when he smashed a slot machine. However, after his ban,the contract was termed null and void because he could not access thecasino. He had no right to ask for payment from the casino as he wasalready banned from using it. Casino has the rights to exclude anyonefrom using its property when it deems it fit. Therefore, as long asthe ban existed, there was no valid contract between the casino andBlackford.

Question3

Dorothywas not bound to the residency agreement as she was mentallyincompetent. She signed the arbitration clause in that state when shewas admitted at the nursing facility. The law excludes mentallyincompetent persons from submitting arbitration. Therefore, thearbitration that Dorothy signed was invalid because she was mentallyincompetent when she signed it.

Question4

PEMShas the rights to collect the commission from Temp-Air regardless ofwhether PEMS has license or not. Although it is essential to have alicense for brokerage, statute defines brokers as any person whodeals with the sale of a business. Therefore, since PEMS wasresponsible for the sale of the business, it qualifies to be a brokereven though it acted without a license. It is worth noting thatstatute’s definition of a broker does not include license.

Question5

Thelandlord is correct. The lease agreement stated clearly that thelease cannot be assigned to anyone else without the landlords’approval. Hence, Aron was wrong to assign his lease to a close friendwithout the landlord’s consent as stated in the lease agreement.

Question6

Themeasure of the damage is the value difference of the house with andwithout the described report. Additionally, another measure of damagewould be replacing what the buyers of the property expected if theywere to follow GIS’s report.

Question7

DouglasSingletary suffered the loss because he had already bought the houseeven if it burnt the night before he moved it to his property. Thesale agreement stated that the buyer bought the house where it was.Once Douglas signed the sale agreement and paid the full amount, thehouse automatically belonged to him. At the time the house burntdown, it was already Douglas’s property.

Question8

Thedealership had no rights to inspect and reject the goods once theywere delivered. A buyer can only reject non conforming goods. In thiscase, the goods were conforming as the seller brought exactly whatthey agreed on.

Question9

Thecourt should rule in favor of Alan Vitt. Apple Company breached theimplied warranty, which refers to the assurance that goods mustreasonably conform to the expectations of a buyer. The productsshould be what a company says they are. This means that if Appleclaimed that the laptop was to last for several years, then it shouldhave at least served the customer for a lengthy period of time.

Question10

Englercan recover under the fair and debt collection practices act. The actprotects all debt holders from abusive debt collection practices.Atlantic violated this act causing Engler’s distress. Engler hasthe right to file a law suit against Atlantic, which would help himin recovering against the debt collector. Atlantic violated the debtcollection practices act by calling Englar to threaten him ratherthan to negotiate.

Question12

Itis difficult to discharge the loan unless there is undue hardship,which happens in rare cases. Debt holders are given an option ofreducing or delaying the monthly bill during the entire bankruptcylife until chapter 13 bankruptcy is over. However, in the case ofCathy, she can complain that she was facing undue hardships becauseshe was laid off. Her source of income was cut off hence, she wasfacing undue hardships. The court may consider discharging Cathy’sdebt or give her a chance to get another job where she could resumeher payment.

Question14

Jonathanwas an independent contractor. He was given the work of loading thetruck, but was not told how to do. In case of an independentcontraction, the company has no right to control what and how theworker does his or her job (Fishman, 2011). Therefore, it is vividthat Jonathan was an independent contractor as the company did notcontrol how his work.

Question15

Thedress code on women was sex discriminatory. The idea that women werenot supposed to attire in business attire while their mencounterparts wore business attire is gender discriminative. It showsthat women have a lesser professional status as compared to theirmale counterparts, which by all means is discrimination. The reasonfor wearing contrasting attires is not justifiable. In any case, itfacilitates gender discrimination because the company claimed that itwas meant for customers to differentiate between male and femaleworkers.

Question16

Lican claim a wrongful discharge. There was no material evidence forthe discharge of Li. The company that Li was working for had no rightto discharge off her duties for exercising his freedom of speech. Lidid nothing wrong by identifying himself as an employee of thecompetitor. Further, his free expression did not affect his jobperformance and thus, it did not justify his discharge.

Question18

TheAirgas shareholders have the rights to reject the tender since theyare the components of the company and have the rights to contributeto the decisions of the company. The director can resolve the issueby explaining the need for accepting the tender. He/should teach theshareholders about the adequacy of the offer and the consequences ofpushing the bid higher. This means that it is crucial for the boardof directors to cooperate with the shareholders as a means ofresolving the issue.

Question20

Agift is a tax on property transfers by one person to another withoutreceiving anything. One makes a gift by giving property or use incomefrom a property without expecting to receive something of equal valuein return. The donor is responsible for the payment of the gift tax.In the case of Christine, the farming equipment was a gift becauseMarcella expected nothing in return.

Iwould rule in favor of Christine. She had made the transaction beforeMarcella died. Further, if Marcella refused the check, it means thatshe had given it as a gift to Christine. In this case, Christine wasthe sole owner of the property, as she had bought it on her own eventhough with the help of her mother.

Question21

Ethically,the broker is responsible for Sutton’s predicament. However, Suttonshould have read and understood the statement before signing. Heshould not have believed the broker without reading and understandingwhat was in the document. It is paramount for one to read andunderstand everything before writing down a signature.

Suttonhad to pay the broker the fee. He signed the agreement thus, he wasentitled to pay him. If it is true the broker mislead him, he shouldbe able to prove that.

Thecountrywide should have monitored the activities of the broker. Itsintervention would have saved Sutton from the predicament, because itwould have explained everything to Sutton before he could sign theagreement with the broker. The broker would not have misled Sutton ifcountrywide had intervened.

Question22

Asa judge, I would rule in favor of the Clines. The Berg’s camerasand lights interfered with the privacy of the Clines. The Cline’sfence was meant to create some privacy in their properties. TheBerg’s should not have directed their cameras towards the Cline’sproperty as it interfered with their privacy and freedom. The fenceerected by the Cline’s did not in any way interfere with the Berg’sfreedom since it was erected in the boundaries of the two homes. Bergshould redirect the camera lights towards his home and enjoy hisproperty.

References

Fishman,S. (2011). Consultant&amp independent contractor agreements.Berkeley, Calif: Nolo.