1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? Yes the contract modification is binding because both parties agreed to the modification before the widgets were delivered. When Adams requested the new shipping method and International agreed to the new terms. In problem 1, what effect, if any, would the following letter have? International Widget: In accordance with our agreement of this date you will deliver the one thousand previously ordered widgets within thirty days. Thank you for your cooperation in this matter. (signed) Adams
The letter wouldn’t have any affect at all because the contract has already been modified by both parties and had been accepted. It would just be useful if for some reason one of the parties didn’t fulfill their part of the new contract. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form, which accepts the order and contains the following provision: ‘‘All disputes will be resolved by the State courts of New York.’’ A dispute arises concerning the workmanship of the parts, and Browne & Assoc. wishes the case to be arbitrated in San Fran- cisco. What result The case would be arbitrated in San Fransico because the New York company agreed to their term of “Browne & Assoc.’s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco” and they didn’t agree to modify the contract to change that.
2. Smith, having contracted to sell to Beyer thirty tons of described fertilizer, shipped to Beyer by carrier thirty tons of fertilizer, which he stated conformed to the contract. Nothing was stated in the contract as to time of payment, but Smith demanded payment as a condition of handing over the fertilizer to Beyer. Beyer refused to pay unless he were given the opportunity to inspect the fertilizer. Who is correct? Explain. Smith is correct because Beyer contracted him to deliver the thirty tons of fertilizer, and like Smith stated is conformed the contract. Edwin sells a sofa to Jack for $800. Edwin and Jack both know that the sofa is in Edwin’s warehouse, located approximately ten miles from Jack’s home. The contract does not specify the place of delivery, and Jack insists that the place of delivery is either his house or Edwin’s store.
Is Jack correct? In my opinion I don’t think jack is correct because it was not stated in a contract that the sofa was to be delivered to jacks home and even with him knowing the sofa was in the warehouse 10 miles away he still purchased the sofa. 6. On November 4, Kim contracted to sell to Lynn 500 sacks of flour at $4 each to be delivered to Lynn by December 12. On November 27, Kim shipped the flour. By December 5, when the shipment arrived, containing only 450 sacks, the market price of flour had fallen. Lynn refused to accept delivery or to pay. Kim shipped 50 more sacks of flour, which arrived December 10. Lynn refused delivery. Kim resold the 500 sacks of flour for $3 per sack. What are Kim’s rights against Lynn? Kim has no rights against Lynn because the order was never fulfilled on her part because Lynn never accepted the shipment of the remaining 50 sacks of flour on December 10.
1. Stein, a mechanic, and Beal, a life insurance agent, entered into a written contract for the sale of Stein’s tractor to Beal for $6,800 cash. It was agreed that Stein would tune the motor on the tractor. Stein fulfilled this obligation and on the night of July 1 telephoned Beal that the tractor was ready to be picked up upon Beal’s making payment. Beal responded, ‘‘I’ll be there in the morning with the money.’’ On the next morning, however, Beal was approached by an insurance prospect and decided to get the tractor at a later date. On the night of July 2, the tractor was destroyed by fire of unknown origin. Neither Stein nor Beal had any fire insurance. Who must bear the loss? Stein will have to bear the loss because even though he fulfilled everything he was suppose to do on the contract Beal never picked up the tractor for him and still had full possession of the tractor on the night of the fire. 7. Smith was approached by a man who introduced himself as Brown of Brown & Co. Brown was not known to Smith, but Smith asked Dun & Bradstreet for a credit report and obtained a very favorable report on Brown.
He thereupon sold Brown some expensive gems and billed Brown & Co. ‘‘Brown’’ turned out to be a clever jewel thief, who later sold the gems to Brown & Co. for valuable consideration. Brown & Co. was unaware of ‘‘Brown’s’’ transaction with Smith. Can Smith successfully sue Brown & Co. for either the return of the gems or the price as billed to Brown & Co.? No he cannot sue for the gems because the items were sold to them as a third party and they had no affiliation with the person who went by Brown at all. 9. Brilles offered to sell his used automobile to Nevarro for $12,600 cash. Nevarro agreed to buy the car, gave Brilles a check for $12,600, and drove away in the car. The next day Nevarro sold the car for $13,000 to Hough, a bona fide purchaser. The $12,600 check was returned to Brilles by the bank in which he had deposited it because of insufficient funds in Nevarro’s account. Brilles brings an action against Hough to recover the automobile. What judgment? Brilles wouldn’t be able to get his car or money from Hough because the title was transferred over to him by Nevarro not brilles. Brilles would only be able to get his money back from Nevarro.
2. The Talent Company, manufacturer of a widely advertised and expensive perfume, sold a quantity of this product to Young, a retail druggist. Dentley and Bird visited Young’s store and Dent- ley, desiring to make a gift to Bird, purchased from Young a bottle of this perfume, asking for it by its trade name. Young wrapped up the bottle and handed it directly to Bird. The perfume contained a foreign chemical that, upon the first use of the perfume by Bird, severely burned her face and caused a permanent facial disfigurement. What are the rights of Bird, if any, against Dentley, Young, and the Talent Company, respectively? Bird has the right to go after both the Talent Company because they are the ones who made the perfume and are reliable for their products and young because they were the ones selling a product that they have not used and redeemed safe for their coustmers. 4. A route salesperson for Ideal Milk Company delivered a one- half-gallon glass jug of milk to Allen’s home.
The next day, when Allen grasped the milk container by its neck to take it out of his refrigerator, it shattered in his hand and caused serious injury. Allen paid Ideal on a monthly basis for the regular delivery of milk. Ideal’s milk bottles each contained the legend ‘‘Property of Ideal— to be returned,’’ and the route salesperson would pick up the empty bottles when he delivered milk. Can Allen recover damages from Ideal Milk Company? Why? No Allen wouldn’t be able to recover anything from the milk company because there wouldn’t be enough proof that the milk container was faulty, even though it might have been 10. Plaintiff, while dining at defendant’s restaurant, ordered a chicken potpie. While she was eating, she swallowed a sliver of chicken bone, which became lodged in her throat, causing her serious injury. Plaintiff brings a cause of action. Should she prevail? Why? Yes she would prevail because the food is not suppose to have bones in it, and the restaurant is going to have to be liable for their product and pay for the plaintiffs injury’s that she suffered from eating at the restaurant.
1. Mae contracted to sell one thousand bushels of wheat to Lloyd at $5.00 per bushel. Just before Mae was to deliver the wheat, Lloyd notified her that he would not receive or accept the wheat. Mae sold the wheat for $4.60 per bushel, the market price, and later sued Lloyd for the difference of $400. Lloyd claims he was not notified by Mae of the resale and, hence, is not liable. Is Lloyd correct? Why? Yes Lloyd is correct because he inform Mae that he didn’t want the bushels any more, which terminated the contract. Then when Mae didn’t deliver them she accepted that the contract was terminated. 9. Calvin purchased a log home construction kit manufactured by Boone Homes, Inc., from an authorized Boone dealer. The sales contract stated that Boone would repair or replace defective materials and that this was the exclusive remedy available against Boone.
The dealer assembled the house, which was defective in several respects. The knotholes in the logs caused the walls and ceiling to leak. A support beam was too small and therefore cracked, causing the floor to crack also. These defects could not be completely cured by repair. Should Calvin prevail in a lawsuit against Boone for breach of warranty to recover damages for the loss in value? Yes Calvin would prevail in court because they stated that they would replace or repair defective material, and the material that Calvin received was defective and it cant be repaired so they have to pay for it to get it replaced or replace it them self’s.
16. Serve best contracted to sell Emessee two hundred thousand pounds of 50 percent lean beef trimmings for $105,000. Upon a substantial fall in the
market price, Emessee refused to pay the contract price and informed Servebest that the contract was canceled. Servebest sues Emessee for breach of contract, including (a) damages for the difference between the contract price and the resale price of the trimmings, and (b) incidental damages. Decision? Servebest can only recover damages for no acceptance or repudiation because the buyer breached the contract.
1. Roy Rand executed and delivered the following note to Sue Sims: ‘‘Chicago, Illinois, June 1, 2011; I promise to pay to Sue Sims or bearer, on or before July 1, 2011, the sum of $7,000. This note is given in consideration of Sims’s transferring to the undersigned title to her 2002 Buick automobile. (signed) Roy Rand.’’ Rand and Sims agreed to defer delivery of the car to July 1, 2011. On June 15, Sims sold and delivered the note, without endorsement, to Karl Kaye for $6,200. What rights, if any, has Kaye acquired? Kaye has acquired the entire right of the money remaining on the note that Roy needs to pay for the 2002 Buick because Kaye became the bearer when he purchased the note from Slims. 7. Simon Sharpe executed and delivered to Ben Bates a negotiable promissory note payable to the order of Ben Bates for $500.
Bates indorsed the note, ‘‘Pay to Carl Cady upon his satisfactorily repairing the roof of my house, (signed) Ben Bates,’’ and delivered it to Cady as a down payment on the contract price of the roofing job. Cady then indorsed the note and sold it to Timothy Tate for $450. What rights, if any, does Tate acquire in the promissory note? Tate would only acquire the promissory note if Cady fulfills his agreement with bates on repairing the roof, because if he does not finish repairing the roof he was never entitled to the check in the first place. 8. Debbie Dean issued a check to Betty Brown payable to the order of Cathy Cain and Betty Brown. Betty indorsed the check ‘‘Payable to Elizabeth East, (signed) Betty Brown.’’ What rights, if any, does Elizabeth acquire in the check? Elizabeth acquires all rights to the check because Betty indorsed the check to her when she wrote on the check “‘‘Payable to Elizabeth East, (signed) Betty Brown.’’
4. Adams, who reads with difficulty, arranged to borrow $5,000 from Bell. Bell prepared a note, which Adams read laboriously. As Adams was about to sign it, Bell diverted Adams’s attention and substituted the following paper, which was identical to the note Adams had read except that the amounts were different: On June 1, 2011, I promise to pay Ben Bell or order Twelve Thousand Dollars with interest from date at 8 percent. This note is secured by certificate No. 13 for 100 shares of stock of Brookside Mills, Inc. Adams did not detect the substitution, signed as maker, handed the note and stock certificate to Bell, and received from Bell $5,000. Bell indorsed and sold the paper to Fore, a holder in due course, who paid him $10,000. Fore presented the note at maturity to Adams, who refused to pay.
What are Fore’s rights, if any, against Adams? Fores has no right again Adams because the contract he signed was not the one they agreed upon and Bell took advantage of him because Bell knew Adams couldn’t see well and switched the contract to make him pay double of the loan with 8% interest. 9. Donna gives Peter a check for $2,500 in return for a laptop computer. The check is dated December 2. Peter transfers the check for value to Howard on December 14, and Howard deposits it in his bank on December 20. In the meantime, Donna has dis- covered that the computer is not what was promised and has stopped payment on the check. If Peter and Howard disappear, may the bank recover from Donna notwithstanding her defense of failure of consideration? What will be the bank’s cause of action? No the bank may not recover the money because the check has already been cashed in by Howard who has nothing to do with the transaction, if Donna had the check and dint cash it then the bank would be able to stop the check and cancel it.
3. A negotiable promissory note executed and delivered by B to C passed in due course and was indorsed in blank by C, D, E, and F. G, the present holder, strikes out D’s indorsement. What is the liability of D on her indorsement? D would have no liability on the endorsement on the check given by A because his name was taken off the check, which made him not liable for the endorsement anymore. 6. Alpha orally appointed Omega as his agent to find and purchase for him a 1930 Dodge automobile in good condition, and Omega located such a car. Its owner, Roe, agreed to sell and deliver the car on January 10, 2011, for $9,000. To evidence the purchase price, Omega mailed to Roe the following instrument: December 1, 2010 $9,000.00 We promise to pay to the order of bearer Nine Thousand Dollars with interest from date of this instrument on or before January 10, 2011. This note is given in consideration of John Roe’s transferring title to and possession of his 1930 Dodge automobile. (Signed) Omega, agent Smith stole the note from Roe’s mailbox, indorsed Roe’s name on the note, and promptly discounted it with Sunset Bank for $8,700. Not having received the note, Roe sold the car to a third party.
On January 10, the bank, having discovered all the facts, demanded payment of the note from Alpha and Omega. Both refused payment. (a) What are Sunset Bank’s rights with regard to Alpha and Omega? (b) What are Sunset Bank’s rights with regard to Roe and Smith? Sunset bank would have no rights against omega; the bank could only reaccredit the money stolen from the stolen check and attempt to get the money back from Smith if they can find him. 10. R&A Concrete Contractors, Inc., executed a promissory note that identifies both R&A Concrete and Grover Roberts as its makers. On the reverse side of the note, the following appears: ‘‘X John Ament Sec. & Treas.’’ National Bank of Georgia, the payee, now sues both R&A Concrete and Ament on the note. What rights does National Bank have against R&A and Ament? National Bank has no right against R & A because they are not liable for the payments of the note; they also received full rights to the promissory note when they handed it over to National Bank.
9. Jason, who has extremely poor vision, went to an automated teller machine (ATM) to withdraw $200 on February 1. Joshua saw that Jason was having great difficulty reading the computer screen and offered to help. Joshua obtained Jason’s personal identification number and secretly exchanged one of his old credit cards for Jason’s ATM card. Between February 1 and February 15, Joshua withdrew $1,600 from Jason’s account. On February 15, Jason discovered that his ATM card was missing and immediately notified his bank. The bank closed Jason’s ATM account on February 16, by which time Joshua had withdrawn another $150. What is Jason’s liability, if any, for the unauthorized use of his account? Jason would have full liability on the unauthorized use of his account, and would be reaccredited from the bank on both the charges made by Joshua on February 15 of 1$1,600 and the second ATM withdrawal made on February 16 of $150. 10.
On July 21, Boehmer, a customer of Birmingham Trust, secured a loan from that bank for the principal sum of $5,500 to purchase a boat allegedly being built for him by A.C. Manufacturing Company, Inc. After Boehmer signed a promissory note, Birmingham Trust issued a cashier’s check to Boehmer and A.C. Manufacturing Company as payees. The check was given to Boehmer, who then forged A.C. Manufacturing Company’s indorsement and deposited the check in his own account at Central Bank. Central Bank credited Boehmer’s account and then placed the legend ‘‘P.I.G.,’’ meaning ‘‘Prior Indorsements Guaranteed,’’ on the check. The check was presented to and paid by Birmingham Trust on July 22. When the loan became delinquent in March of the following year, Birmingham Trust contacted A.C. Manufacturing Company to learn the location of the boat. They were informed that it had never been purchased, and they soon after learned that Boehmer had died on January 24 of that year. Can Birmingham Trust obtain reimbursement from Central Bank under Central’s warranty of prior indorsements? Explain. Birmingham trust wouldn’t be able to obtain reimbursement for the indorsement from A.C because the check was forged with their name, the bank could how ever reimburse them if it meets their requirements.
11. Lile, an insurance broker who handled all insurance for Tempo Co., purchased a fire policy from Insurance Company insuring Tempo Co.’s factory against fire in the amount of $1.5 million. Before the policy was delivered to Tempo and while it was still in Lile’s hands, Tempo advised Lile to cancel the policy. Prior to cancellation, however, Tempo suffered a loss. Tempo now makes a claim against Insurance Company on the policy. The premium had been billed to Lile but was unpaid at the time of loss. In an action by Tempo Co. against Insurance Company, what judgment? The Insurance Company would win because they are not responsible for the loss that Tempo suffered since they canceled the Insurance and did not were not paying for the liability insurance. 1. In January, Roger Burke loaned his favorite nephew, Jimmy White, his valuable Picasso painting. Knowing that Jimmy would celebrate his twenty-first birthday on May 15, Burke sent a letter to Jimmy on April 14 stating: Dear Jimmy, Tomorrow I leave on my annual trip to Europe, and I want to make you a fitting birthday gift, which I do by sending you my enclosed promissory note.
Also I want you to keep the Picasso that I loaned you last January, and you may now consider it yours. Happy birthday! Affectionately, /s/ Uncle Roger The negotiable promissory note for $5,000 sent with the letter was signed by Roger Burke, payable to Jimmy White or bearer, and dated May 15. On May 21, Burke was killed in an automobile accident while motoring in France. First Bank was appointed administrator of Burke’s estate. Jimmy presented the note to the administrator and demanded payment, which was refused. Jimmy brought an action against First Bank as administrator, seeking recovery on the note. The administrator in turn brought an action against Jimmy, seeking the return of the Picasso. (a) What decision in the action on the note? (b) What decision in the action to recover the painting? Jimmy would prevail in court because he was entitled both the painting and the money, when his uncle sent him the letter before he passed away stating that the Picasso & $5000 was a gift for his twenty-first birthday.
1. Kirkland conveyed a farm to Adland to have and to hold for and during his life and upon his death to Rubin. Some years thereafter, oil was discovered in the vicinity. Adland thereupon made an oil and gas lease, and the oil company set up its machinery to commence drilling operations. Rubin thereupon filed suit to enjoin the operations. Assuming an injunction to be the proper form of remedy, what decision? Rubin wouldn’t prevail in court because the oil and gas lease was made when Adland was the owner of the land and had the right to do what ever he pleased with the land until he passed away and had to pass it on to Rubin. 2. Smith owned Blackacre in fee simple absolute. In section 3 of a properly executed will, Smith devised Blackacre as follows: ‘‘I devise my farm Blackacre to my son Darwin so long as it is used as a farm.’’ Sections 5 and 6 of the will made gifts to persons other than Darwin.
The last and residuary clause of Smith’s will provided: ‘‘All the residue of my real and personal property not disposed of heretofore in this will, I devise and bequeath to Stanford University.’’ Smith died in 2011, survived by her son Darwin. Smith’s estate has been administered. Darwin has been offered $100,000 for Black acre if he can convey title to it in fee simple. No, Darwin wouldn’t be able to receive the land Black acre from the will because his intention was to sell the land for $100,000 and not use the land for farming. Which was a requirement under the will that Smith left and if he did not meet those requirements the land would be entitled to someone else stated in section 5 and 6.
7. In her will, Teresa granted a life estate to Amos in certain real estate, with remainder to Brenda and Clive in joint tenancy. All the residue of Teresa’s estate was left to Hillman College. While going to Teresa’s funeral, the car in which Amos, Brenda, and Clive were driving was wrecked. Brenda was killed instantly, Clive died a few minutes later, and Amos died on his way to the hospital. Who is entitled to the real estate in question? Amos, Brenda, and Clive, heirs would be entitled to their portions of the estate that they are receiving from the will in Teresa will, and the rest of Teresa’s will would be given to Hillmans College as stated in the will.
3. Robert and Stanley held legal title of record to adjacent tracts of land, each consisting of a number of five acres. Stanley fenced his five acres in 1986, placing his east fence fifteen feet onto Robert’s property. Thereafter, he was in possession of this fifteen-foot strip of land and kept it fenced and cultivated continuously until he sold his tract of land to Nathan on March 1, 1991. Nathan took possession under deed from Stanley, and continued possession and cultivation of the fifteen-foot strip that was on Robert’s land until May 27, 2011, when Robert, having on several occasions strenuously objected to Nathan’s possession, brought suit against Nathan for trespass. Explain whether Nathan has gained title by adverse possession. Nathan would not prevail in court because the land is owned by Robert and the contract that he had with Stanley was established for them in 1989 and not to Nathan who took over the land on March 1, 1991. 5.
On January 1, 2011, Davis and Hershey owned Black acre as tenants in common. On July 1, 2011, Davis made a written contract to sell Black acre to Gregg for $25,000. Pursuant to this contract, Griggs paid Davis $25,000 on August 1, 2011, and Davis executed and delivered to Gregg a warranty deed to Black acre. On February 1, 2012, Hershey quitclaimed his interest in Black acre to Davis. Gregg brings an action against Davis for breach of warranty of title. What judgment? Davis would prevail because he sold him the entire land and not just his portion of Black acre even though he was not entitled to the land in full. Since Hershey owned a portion of the land the contract needed Hershey’s signature for it to be valid.
8.The city of Boston sought to condemn land in fee simple for use in constructing an entrance to an underground terminal for a subway. The owners of the land contend that no more than surface and subsurface easements are necessary for the terminal entrance and seek to retain air rights above thirty-six feet. The city argues that any building utilizing this airspace would require structural supports that would interfere with the city’s plan for the terminal. The city concedes that the properties around the condemned property could be assembled and structures could be designed to span over the condemned property, in which case the air rights would be quite valuable. Can the city condemn the property? No the city can not condemn this property because they only have the right to the land below the surface if they want to build the entrance 36 feet in the air they would need to get the air rights from the owner.
3. Collins was trustee for Indolent under the will of Indolent’s father. Indolent, a middle-age doctor, gave little concern to the management of the trust fund, contenting himself with receiving the income paid him by the trustee. Among the assets of the trust were one thousand shares of ABC Corporation and one thousand shares of XYZ Corporation. About two years before the termination of the trust, Collins, at a fair price and after full explanation to Indo- lent, purchased from the trust the ABC stock. At the same time but without saying anything to Indolent, he purchased the XYZ stock at a price in excess of its then market value. At the termination of the trust, both stocks had advanced in market value well beyond the prices paid by Collins, and Indolent demanded that Collins either account for this advance in the value of both stocks or replace the stocks. What are Indolent’s rights? Indolent would only have rights to the XYZ stock because he purchased those stocks with out the any ones permission. In the case of the ABC stock he would not receive anything back because he sold the stock at a fair price to Collins.
Upon George Welch’s death, he was survived by his second wife, Dorothy Welch, and his daughter by his first marriage, Patricia Fisher. At the time George and Dorothy were married, George was in very poor health and he relied on Dorothy to care for him. During the eight months George and Dorothy were married, George became isolated from his family and his health deteriorated. Prior to his death, George transferred the bulk of his assets to Dorothy. Dorothy assisted in the transfer of George’s assets and often completed checks and other papers for George’s signature. George also made a new will that named Dorothy as his sole beneficiary. Patricia was the sole beneficiary of his prior will. Through the transfers of assets and the new will, Dorothy received $570,000. Does Patricia have any legal recourse? Explain. No Patricia does not have any legal rights because everything transferred to Dorothy’s name was done with the consent of George, and everything in the will was left to Patricia according to Georges new will.