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 acted as his own attorney and sued the merchant for false arrest in small claims court. a. Can Phipps act as his own attorney? b. Does small claims court have jurisdiction in this case? c. Is there a dollar limit on the kind of case that can be brought to small claims court?
> The Chalmers family lived in poverty. Despite their destitute condition, Mrs. Chalmers bought several articles of jewelry for herself and an expensive painting for their home. When the retailer attempted to collect payment, Mr. Chalmers refused to pay. T
> A shipper asked a truck driver to deliver a shipment of chemicals and to protect them from freezing while en route. The driver assured the shipper that the chemicals would be carried in heated trucks. When the shipper learned that the shipment had been d
> Peterman, a resident of Florida, sold a home in California to Oliveras. Peterman hired Fogelman, an attorney-at-law, to represent her at the real estate closing and provided Fogelman with a contract of agency, giving Fogelman the authority to sell the ho
> Pathek sold a pair of skis to Whelan, making no specific warranties or promises of any kind other than letting Whelan examine and try them. In fact, Pathek did not own the skis; he had only rented them. When the true owner claimed them, Whelan demanded h
> Liang was about to purchase an air-conditioning unit for her apartment at a closeout sale at Center City Appliance. The salesperson assured her that the unit was large enough to cool the apartment she described. The price was right, but she was nervous w
> Buynoski, the operator of a restaurant, served a dinner to Costas. Costas had nearly finished her soup when she found several metal chips in the bottom of her bowl. When Costas showed the chips to Buynoski, the restaurant owner was very apologetic and of
> Eamons offered to sell his sailboat, complete with boat trailer, to Fitzgerald for $12,000. Fitzgerald agreed to the offer, gave Eamons a deposit of $500, and said that he would pay the balance when he came back with his car to pick up the boat and trail
> Galen, a purchasing agent for Ziff Construction Company, agreed orally with Houk Lumber to purchase 800 double-hung vinyl windows. The agreed price was $40,000. When Ziff Construction lost its financial backing, it had to cancel its plans for the houses
> Miro, the owner of a supermarket, contracted with Market Supply Company for one complete checkout counter, including a cash register. After the counter was installed, but before the cash register was delivered, Market Supply Company demanded payment for
> Rios furnished Stern, a carpenter, with a set of sketches for a cabinet she wanted built. They orally agreed on a price of $1,000, the type of wood to be used, and the delivery date. Before Stern had begun work or obtained the necessary materials, Rios c
> Differentiate between the principal–agent and employer–employee relationships.
> Forell, a resident of Des Moines, purchased a nearly new Buick automobile from a seller in Cleveland for the unusually low price of $4,000. The seller explained that he was in town to take delivery of another automobile that he had just inherited from hi
> Fallon agreed in writing to purchase a used truck from Moonlit Motors with the understanding that a snowplow attachment would be added. When Fallon attempted to take delivery of the truck, he found that the plow attachment had not been added. He refused
> Hollander purchased a computer from a pawnshop for use in his real estate office. Several weeks later, Diem, one of Hollander’s customers, mentioned that the computer looked familiar and asked if he could examine it. After checking the underside of the m
> Crowley, a building contractor, ordered 500 bags of cement from Litvak Building Supply. It was agreed that Litvak would deliver to a building site, and title would pass when delivery was made. Before the bags of cement could be loaded on a delivery truck
> Chiu agreed to sell his custom-built sailboat to Graham for $60,000. Before delivery, Chiu received another offer for $68,000 and wrote to Graham that he had decided not to sell his boat after all. a. Can Graham obtain a decree of specific performance? b
> Scher, a homeowner, purchased a vacuum cleaner from a door-to-door salesperson. When the salesperson demonstrated the machine in her home, it seemed to work quite effectively. After signing the contract, she checked several consumer magazines at the publ
> Central City Garage Builders contracted with Morgan for the construction of a two-car garage and an attached greenhouse of similar size. The garage was built on schedule, but, because of a shortage of special materials, it appeared that the construction
> Bushek signed a contract with Aluminum Window Products Company to replace the windows and wooden window frames of his house with new ones made of aluminum. The salesperson asked Bushek to sign a “routine form” to help ensure that credit would be granted.
> Rodrigos, the leader of a rock-and-roll group, agreed to provide music for the annual Park College Marketing Club dinner dance. On the night of the dinner dance, however, another, very amateurish group showed up and said that Rodrigos had assigned the co
> Westerfield contracted with Bradley Building Company for the construction of a ranch house as a wedding gift for his daughter. Before construction began, Westerfield died and Bradley announced that he would not build the house. Westerfield’s daughter bro
> Differentiate among disclosed principal, partially disclosed principal, and undisclosed principal.
> Becker, a college student, recognized that she was financially very dependent upon her widowed mother’s financial support while she was in college. To protect against the risk of financial loss in the event of her mother’s death, Becker persuaded her mot
> Chang, a florist, contracted with Torres to provide delivery services in the local community. Torres discovered that his vehicles did not have the equipment to handle the work well, so he asked Chang if another delivery service, Rush Truk, would be accep
> Safran, the owner of an automobile repair shop, placed an order for an engine diagnostic machine from the Mountain Range Equipment Company. The salesperson, Rubinstein, orally assured Safran that a number of test programs for both gasoline and diesel eng
> Garcia, an independent computer consultant, was orally engaged by the Eastern Institute of Management, a publisher of management newsletters, to set up an office computer network that included needs assessment, employee training, and a desktop publishing
> Coursey orally agreed to sell three acres of land to Oulette for $8,000. After Oulette had paid the $8,000 and the transfer had been officially recorded, Coursey received an offer of $9,000 for the land from another prospective buyer. Hoping to set aside
> Rogan, who had worked for eight years as an electrician’s helper, tried several times to pass the state-required electrician’s test, but he failed each time. Still, he felt that he knew enough about his trade that he could perform the work of an electric
> Pickens was one of a group of four army veterans who met once a month to play poker. On one occasion, Pickens lost more than $1,000 and refused to pay, claiming that gambling debts are uncollectible. The winner claimed that because the state had legalize
> Jena, who had been declared mentally incompetent by the courts, purchased a high-powered sports car for $46,000. Because he made the purchase during a lucid interval, his condition was not evident to the seller. Jena drove the car for several months; sub
> 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
> 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
> 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.
> 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
