Law Assignment 3.txt
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This assignment requires a paragraph or two:
1. Lana Betolli accepts $100 from James Arkin as full payment of a past-due note of
$150, giving Arkin a signed, sealed release of the entire debt.
Is the debt entirely canceled? Would your answer differ if there were no
signed, sealed release?
2. Cheryl Garsen sues Susan Harris for breach of contract. Harris proves that she
was intoxicated when the agreement was executed and she did not understand
the nature of the agreement. Is the contact enforceable?
3. An official of the Occupational Safety and Health Administration (OSHA) inspects
the Carroll Corporation, a manufacturing company. The official finds
safety violations and orders the company to correct them within a certain number
of days. The company refuses. In court, Carroll Corporation’s attorneys
argue that OSHA acted unconstitutionally because it performed all three
functions of government. How would you decide?
4. Fidelity Mortgage sells a mortgage on Dough Quicksilver’s home to Enterprise
Bank. Enterprise erroneously pays the real estate taxes on the home. When
demands reimbursement, Quicksilver refuses, arguing that no contract exists that
obligates him to reimburse the bank. What legal theory might Enterprise use to get
its money from Quicksilver?
5. Sergio Morales signs a contract to sell his car to Pedro Rodriquez for its fair
market value of $3,000. The next day, Rodriquez tells Morales he has changed his
mind. Morales sells the car to his brother-in-law for $100. May Morales sue
Rodriquez for $2900?
6. Paul Sessions asks Ellen Throckmorton to marry him and places a diamond ring on
her finger. She accepts. Three months later, Throckmorton cancels the engagement.
She refuses to return the engagement ring, saying that she has a right to keep
it under the law. Is she correct?
7. Leo Abbey was survived by a wife and three children. Is Abbey’s wife entitled to
his entire estate if he did not leave a will?
8. Ezra Prindle enters into a written contract to purchase a house and lot from
Joanne Sanders for $80,000. Before the closing, Prindle sees a better house for
$70,000 and notifies Sanders that she has changed his mind. What are Sander’s
9. After discharging Brewster as his collection agent, Wayne hires Graham McDaniels
to collect his accounts. McDaniels, new to the collection business, is unaware
of the proper procedure. He places the day’s proceeds in his personal account.
The next day, when Wayne demands the money, McDaniels cannot remember how much
of the money in his account belongs to Wayne. What are Wayne’s rights in this
10. Micholas Petrillo, who worked for a construction company, indorsed his weekly
paycheck and recieved cash for it at the Kash & Karry corner store. The check
was returned to Kash & Karry marked “insufficient funds.” Three weeks later,
Kash & Karry notified Petrillo that the check had been returned. Must Petrillo
reimbures Kash & Karry for the amount of the check? Explain.
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