Maldanado signed a written lease for office space in a commercial building. The lease covered a period of two years and rent was to be paid monthly. At the end of the two years, Maldanado and the landlord began discussions over the terms of a new lease. During the period of negotiations, Maldanado paid the same rent that he had during the original lease, and the landlord accepted the payments. a. Was a tenancy at sufferance created? b. Was the original lease a periodic tenancy? c. Was a periodic tenancy automatically created during the period of negotiations?
> Caroli, who was 17 years old, signed an agreement to buy a used computer from Egan for $150. While Caroli was on his way to pick up the equipment, Egan got an offer for $250 from someone else. When Caroli arrived with the money to complete the transactio
> Nguyen, who was 17 years old, purchased a used boat, agreeing to pay for it in monthly installments over a two-year period. During the next six months, she made 6 of the 24 payments she had agreed to make. The day before she celebrated her 18th birthday,
> Classify the two major kinds of agents and discuss the four ways in which an agency may be created.
> Alfieri, a hunting enthusiast, frequently shot birds in his own and his neighbor’s backyard in violation of a city ordinance that prohibited guns being discharged within the city limits. The neighbor offered to pay Alfieri $100 if he would refrain from s
> Helfrich, in a barroom brawl, broke Grady’s arm. Grady brought suit against Helfrich for damages. Before the case came to trial, Helfrich offered to give Grady a $500 note, payable in 30 days, as full settlement for all claims Grady had against Helfrich.
> Duggan inherited some nondescript furniture, including an old desk that he sold to Andersen for $50. A short time later he learned that the desk was an antique worth about $500. Duggan brought suit to recover $450, the difference between the sale price a
> Gallagher Restaurant Supply was in the business of leasing equipment to small restaurants. Quezada, the operator of a small diner, leased a coffeemaker from Gallagher. It was only after the contract had been signed that Quezada learned that similar lease
> Gortino, while trying to sell his house to Gawlas, was asked if he had ever seen or suspected termites in the house. Gortino replied that he had not and that the house was sound. Several months after Gawlas had purchased the house, she learned from neigh
> Guss, a professor at a small college, offered to sell his five-year old car to Kantrowitz, a student in one of his classes. The price Guss asked was well above market value. Kantrowitz accepted Guss’s offer without even test-driving the car. a. Is the co
> Redmond offered to sell Goosen her used car for $6,000. Goosen could not make up his mind and, finally, after five months, told Redmond that he would accept her offer. a. Goosen can accept Redmond’s offer even though five months have passed. b. Goosen ca
> Kallinteris opened a travel agency in her small town. She then received an e-mail message from a local office supply company with which she had no prior dealings wishing her luck with her new business and advising her that she would soon be receiving $25
> Neto learned that Quan, his neighbor, intended to sell his powerboat. Neto texted Quan stating that he wanted to buy the boat and he would pay a “fair price.” A few days later, Quan sold the boat to someone else for a higher price than Neto would have be
> Arslantian, a suburban homeowner who was involved in a major landscaping project, offered to pay Manley, a county employee, 50 percent of the market price for certain shrubbery belonging to the county parks commission if Manley would deliver it to a meet
> Explain the term warranty and distinguish between express and implied warranties.
> Knoll and Kalichuk signed an agreement for the sale of Knoll’s sailboat. The agreement was complete in all respects, including the provision of time and place of delivery, sale price, and accessories included. On the date agreed for the
> In an effort to stem the rising usage of illegal drugs, the town of Zhemville passes an ordinance that mandates that all people found guilty of possessing illegal drugs be flogged. a. Does the ordinance violate the Eighth Amendment of the Constitution? b
> The town of Ericton is considering passing an ordinance that would severely restrict the possession and carrying of firearms. a. May the ordinance prohibit the possession of firearms by felons? b. May the ordinance prohibit the possession of firearms by
> The town of Homesdale passes an ordinance that requires all retail establishments to remain closed on Christmas Day. Several groups sue, arguing that the ordinance is unconstitutional. a. Does the ordinance violate the First Amendment of the Constitution
> Pratt, a stock-car racing driver, had entered a race to be held several months later. Two days before the race, he left his racing car at a shop to have some last-minute adjustments made. When Pratt went to pick up the car before the race, the shop owner
> Phipps became involved in a case of mistaken identity. A local merchant falsely accused him, in front of people who knew him, of shoplifting. Phipps was charged but not convicted. Angry and embarrassed, yet not wanting to spend money for an attorney, he
> A television station aired a broadcast containing insulting remarks about a local official. The official had the broadcaster charged under a state statute that prohibited making defamatory remarks on public airwaves. The broadcaster argued that the statu
> Ferguson was arrested for possession of marijuana in a state where it was illegal. He argued at his trial that the highest court in a neighboring state had ruled a similar law invalid, which would be a binding precedent. a. Is Ferguson correct in his bel
> Leffingwell engaged the Bartwell Tree Removal Service to cut down and remove a diseased tree from her property. When the work began, it was a calm day. As the work progressed, however, a high wind arose and blew a portion of the tree onto a neighbor’s ca
> Gelfis owned and operated Welltech, a janitorial service company that provided services to a number of city and state agencies. Eager to expand his firm and increase his profits, he approached Biondi, the director of purchasing for a state agency, and of
> Discuss advantages and disadvantages to both sellers and buyers of shipping FOB destination and FOB shipping point.
> Zaks, the owner of a hairstyling salon, Locks Unlimited, applied for a bank loan to buy new hairdryers and other equipment she felt were needed to attract new customers. To enhance her chances of getting the loan, she told the bank that she owned conside
> Williamson owned and operated a restaurant named Plum Pudding. His restaurant had a difficult time competing with Green Apple Snak Shoppe, located across the street. It seemed that whenever Plum Pudding offered a new special price on a particular meal, i
> The Sock ‘n’ Rock Music Store was located in a small shopping mall. In an effort to attract additional customers, the manager of the store installed an outdoor loudspeaker and played rock music at high volume. Nearby stores in the shopping mall objected,
> Goldman, an ex-convict, was employed in the accounting department of Rogers Products Incorporated. None of his coworkers was aware of his previous conviction and imprisonment, although the president of the firm and Ruiz, the human resources manager, knew
> Billings lived in a community that required a building permit before any major alterations could be made to residential property. Billings refused to obtain the permit and proceeded to build a garage on her property. a. Can the city agency responsible fo
> For three years, Patterson operated a small restaurant and enjoyed a growing business. His customers were pleased with the food and service. One day an inspector from the city’s board of health visited the restaurant to inspect the sanitary conditions in
> Technology Unlimited operated a small factory, employing 100 workers. The company manufactured special measuring devices that were sold throughout the world to the aircraft industry. a. Would federal regulatory agencies have control over any of the opera
> Lackowitz, a college student, was concerned about a final examination. During previous examinations in the same course, he had seen other students cheat and obtain good grades. If he failed the course, he would need to repeat it and pay additional tuitio
> Maas owns a company that manufactures children’s toys. The Consumer Product Safety Commission develops a regulation that requires companies to label any toys containing certain types of plastics, together with a notice of the health dangers of those plas
> Workers’ compensation claims by employees injured at the workplace allow for compensation for lost wages and medical expenses while employees remain unable to work. Rachelle was injured at work and received workers’ compensation, including wages while sh
> Explain the passage of title to fungible goods.
> Jones, a popular radio personality, uses the name “Rocky Shores” on his show. The name “Rocky Shores” has been registered for trademark protection by the station’s owner. In addition, the station has developed a contest format for Jones’s show called “Tw
> We Are Travel Corp., a retail travel agency doing business in Pennsylvania, regularly sent computer messages to all persons who signed onto the firm’s mailing list. In addition, the company sent e-mail to all persons residing in the same town as the agen
> Schroeder, a student at Plymouth College, entered a computer lab on campus, overrode the password system, entered the college’s computer without authorization, and changed her grade in a Business Law course from D to a B+. a. Can Schroeder be charged wit
> Dragos was interested in obtaining memorabilia relating to her favorite 1980s heavy metal band, Deaf Panther. Through a search engine, Dragos found a company called WebPix, which offered autographed photographs of various celebrities, including Deaf Pant
> Legin, a professional writer, discovered that substantial amounts of a copyrighted article he had written 10 years earlier were included in a commercially published textbook written by Gant. When Legin confronted the publisher of the book, the publishing
> Hanna developed a refreshing drink using banana extract. She started a business, the Hanna Soft Drink Corporation, and began bottling and selling her soft drinks under the name “Hanna Banana.” After a short time, she realized that she would need to prote
> Morales owns a bakery that makes and sells the popular “Morales Chocolate Chip Cookie” nationally to gourmet stores. The recipe for the cookie is a closely held trade secret and has never been published. Morales hires Ng as a production manager and has N
> Harley set up a trust, naming himself as trustee, and transferred his entire estate to the trust. The trust was intended to provide him with a lifetime income. After his death, the income from the trust was to be paid to his wife. After her death, the in
> Popov despised lawyers and refused to have one prepare his will. Instead he went online, got information about estate planning, and wrote a will in his own handwriting in which he left his entire estate to his brother and $1 to each of his three children
> Gruen suffered from Alzheimer’s disease (a form of progressive mental illness that generally occurs during old age) and lived in a nursing home. His sister, whom he had not seen since they were teenagers, instituted proceedings to have him declared menta
> Discuss the principle of estoppel and provide examples of how this principle is applied in various situations.
> Perez rented a vacant building, signing a lease indicating that he would open a movie theater. When Perez began operations, the theater specialized in art and classic films. After several months, however, it became apparent that the business was doomed t
> Patsos rented a vacant warehouse for five years with the stated purpose of opening a wholesale meat distribution company. It was necessary to install a number of large refrigerators and other kinds of equipment to process and store meat. At the end of th
> Kenworth took his very expensive watch to Gervey Jewelry for repairs and cleaning. During the week in which the watch remained with the jeweler, it was placed in the store’s vault each night. One night, burglars were able to bypass the burglar alarm, bre
> Ziess, a college student, owned some furniture, a portable TV, and a small refrigerator. At the end of the spring semester, she arranged to store her property in a storage room in her dorm building provided by her college for no charge. The college made
> Ky operated a service station on a road near the Canadian border. As a favor to customers, he frequently stored, without charge, certain items that travelers preferred not to take into Canada. Rowan had planned to cross the border for a day’s visit but d
> Noguchi and his wife purchased a newly built house that had no lawn or any other landscaping. Over several years, they spent many weekends landscaping with expensive and exotic shrubbery and trees. They also had a large above-ground pool installed in the
> Prior to their marriage, LeRoi and her husband, Pillsbury, each held substantial assets. During their marriage, they jointly purchased a home with the income they earned, and LeRoi inherited a substantial amount of money. After four years, they agreed to
> Weber, a customer at a restaurant owned by Hegler, found a wallet on the floor under the table. It contained money but no identification. In an attempt to return it to its rightful owner, she gave it to Hegler with the understanding that if the owner did
> Roche and Hecht owned a boat, which they used for weekend fishing trips. Because both were married and had children, they set up their agreement to own the boat in such a way that if either one died, from any cause, the heirs of the deceased party would
> Distinguish between real and personal property and indicate which is subject to the law of sales.
> Church accepted a three-year-old check that Field endorsed to her. When Church presented the check for payment, the bank refused to honor it and informed Church that the account had been closed for a year. a. Is a person who accepts a demand instrument,
> Laredo found a checkbook belonging to Waldron, drew a check, signed Waldron’s name to it, and gave it to Kelly. The payee, Kelly, endorsed the check to a holder in due course, who presented it to the bank for payment. The bank refused to pay the check. a
> Sikonen gave his check for $5 to Rivera, but in so doing he neglected to fill in the customary wavy line following the amount in the words. Rivera endorsed the check to Montana, who easily increased the amount to $500 and then presented the check to Siko
> Slaff, a 73-year-old retiree, was covered under Medicare for medical expenses. When Slaff experienced difficulty breathing, she visited her family doctor for assistance. Her family doctor referred her to a pulmonologist, a specialist in respiratory illne
> Dokken was employed by a company that provided both HMO and dental insurance coverage. While riding his motorcycle, Dokken had an accident in which he sustained serious injury to his jaw, causing him to lose several teeth and requiring reconstructive sur
> Babinski prepared and duly executed a living will in which he gave explicit instructions not to be resuscitated in the event he became incapacitated or permanently unconscious without hope of recovery. Twelve years later, Babinski had a change of heart a
> ChemPlus Corp. manufactured DeCorr, an industrial chemical widely used to treat various metals to retard corrosion. Gianopoulos was working in a small shop immersing metal parts in a container of DeCorr when a quantity of the chemical spilled on him. Aft
> LeatherLux Corporation, a manufacturer of upscale handbags, had been in business for 20 years and was considered a model corporate citizen. Expanding, the company developed new tanning processes that resulted in noxious fumes and odors being released int
> An electric power company was charged by the EPA with violating the Clean Air Act by allegedly polluting a small town. To solve the allegations of environmental abuse, the company simply purchased the entire town, maintaining that it needed the land to e
> Bryerly, a U.S. sales representative for a U.S. firm, Zoom Airplane Company, was attempting to close a deal with a foreign government for the purchase of 14 jet reconnaissance planes. He knew that competitors from two other countries were also bidding fo
> Discuss the remedies of specific performance and injunction.
> Discuss the main provisions of the commerce clause, the full faith and credit clause, and the supremacy clause.
> Straley Corporation, a manufacturer of hand tools, had been exporting its products to several countries in Europe for 10 years and decided to establish a manufacturing operation there. The directors of the company met to select a country in which to begi
> Katsoulas, a U.S. car dealer, had a contract with a Korean automobile manufacturer for the delivery of several cars. When the manufacturer failed to deliver the cars as promised, Katsoulas threatened to bring the case to the International Court of Justic
> Li, an architect, designed a large ranch-type house for Spadacini. Within two years after construction, the house began to tilt to one side. Li argued that he was not to blame as the house was designed properly and that the problem was due solely to the
> Philasen underwent minor surgery for the removal of his tonsils. Serious complications developed when he was administered penicillin, to which he was allergic. The doctor denied responsibility because he did not know about the allergy. a. Does it seem th
> Weiss, an accountant, prepared the usual accounting records for Malucic, the owner of a clothing store. Malucic entered into negotiations with Walling for the sale of the business, using the records prepared by Weiss to justify a high purchase price. Aft
> Parker, a person with no medical training, gave a prescription drug to Zimmerman, a friend, to alleviate back pain Zimmerman had been experiencing. After taking the drug, Zimmerman drove his automobile, became disoriented, and struck a telephone pole wit
> Eddington operated a toy store and carried merchandise from both domestic as well as foreign manufacturers. As the holiday season approached, he found that he could reduce his costs by importing a stuffed toy from a developing country. One of the toys wa
> Kriz, an elderly man who was quite overweight, purchased a power lawnmower from a nationally known retailer. To start the lawnmower, the user needed to bend down to draw the starter cord. When Kriz bent over, he suffered a heart attack. Kriz sued the ret
> Garafolo was employed as a salesclerk at a liquor store. An armed robber entered the store one day and demanded the cash in the register. When Garafolo hesitated, the robber struck him with a pistol, causing a deep laceration. The robber left without fur
> Widra was a cashier at a large clothing store in her town. Believing her wages were below those offered by the store’s competitors, she began to speak with her co-employees about the possibility of becoming affiliated with a national union. The manager o
> Discuss novation and explain how it differs from assignment.
> Melski was a truck driver with a large shipping company. Pursuant to company policy, all drivers were required to undergo random drug testing. After being tested, Melski was informed that the results were positive. Melksi admitted to being addicted to co
> Killian was hired as a human resources manager for a company that employed about 75 people. She decided that it would be a good idea to publish an employee handbook explaining the many policies of the firm. She began to consider what provisions the handb
> Kule purchased an antique doll for $700 from Elliott through an auction website known as e-Auction. The description of the doll provided by Elliott stated that it was in “good condition,” but when Kule received the doll, she noted that it had a damaged l
> Iago started a restaurant specializing in vegetarian dishes that quickly grew. In order to raise more funds for growth, Iago decided to sell stock in the company to investors through UsFunding, a registered crowdfunding website. Iago intends to keep the
> Mikai developed an exercise device that she sold on a website. Sales were brisk, and she soon discovered that she would need additional funds to purchase materials. She included on the website an invitation to the public to invest in her company by purch
> Stanley is employed as a truck driver by a national company. As he is traveling on a cross-country trip, he discovers a closed road. After several attempts, he is unsuccessful in reaching his employer’s on-call dispatcher to notify the customer of the de
> The Department of Health and Human Services (HHS) denied Medicare coverage for the BIO-1000, a piece of durable medical equipment used to treat osteoarthritis of the knee (a degeneration of cartilage and the underlying bone). In a series of decisions, HH
> The Forest Service planned extensive timber cutting in a part of the Green Mountain National Forest but did not prepare an environmental impact statement. A coalition of conservation organizations and environmentalists, believing that the action would ha
> Bronx Reptiles Inc. imported live animals, including reptiles, into the country approximately twice per week. Edelman, the owner, knew of the International Air Transport Association guidelines for importing wildlife— how specific species should be shippe
> Midwest Suspension and Brake supplied rebuilt brake shoes for heavy-duty trucks. During an EPA inspection, numerous emissions of asbestos were documented, and detectable amounts of asbestos were found on the shop floor. The EPA then issued a “finding” th
> Explain the legal concept of assignment of contracts and provide an example of a contract that is assignable.
> Chard completed an educational program in financial planning and was awarded the certification offered by a national association of financial planners. He set up a business to offer his financial planning services to the general public. One of his first
> Agents Mansfield contacted his insurance agent and asked him to obtain an automobile insurance liability policy to be effective as of February 10. On February 14, Mansfield was involved in an accident while operating his car. The agent provided a policy
> The Irvin family had retained Jones as the family accountant for many years. Under the contractual arrangement, Jones paid all bills, provided bookkeeping services, invested family funds and prepared all tax returns for the family. After the family recei
> Smith was represented by Lewis, an attorney, in a divorce action against her husband, General Smith. General Smith was employed by the California National Guard and, as a state employee, belonged to the State Employees’ Retirement System. Lewis advised S
> From the early 1950s until his death from smoking-related lung cancer in 1997, Williams smoked cigarettes, primarily the Marlboro brand, eventually developing a habit of three packs a day. At that point, he spent half his waking hours smoking and was hig
> Merck, a major pharmaceutical company, produced a popular painkiller called Vioxx. Despite the drug being approved by the FDA, several studies linked usage of it to cardiovascular risks relating to heart attacks and strokes. Internal e-mails indicated th
> Gentry, an employee of Export Packaging Company, reported directly to Broughton. Gentry alleged among other things that, during a period of approximately four months, Broughton subjected her to “40 hugs, 15 shoulder rubs, [and] a kiss on her cheek.” She
> Ryder, a police officer in Philadelphia, was alone in his patrol car when he received a radio call of a “man with a gun.” Ryder was the first officer to arrive and was confronted by a suspect brandishing an AR-15 semiautomatic rifle pointed at him. Ryder
> Wojewski, a cardiothoracic surgeon, became a member of the medical staff at Rapid City Regional Hospital. Wojewski’s staff status entitled him to admit patients, use the hospital’s facilities, and perform surgery. Wojewski could also use nurses to assist
