He wrote on the back of a restaurant check, “We hereby agree to sell to Lucy the Ferguson Farm complete for $50,000, title satisfactory to buyer,” and signed by the defendants, Mr. and Mrs. Zehmer. The plaintiff transferred a half interest in his alleged purchase to his brother, J. C. Lucy, the other plaintiff. When the plaintiff tried to enforce the contract, the defendant refused to fulfill the agreement. The defendant claimed that he was intoxicated and the memo was written as a joke. The plaintiff sued the defendant for breach of contract.
Stein should sue. Alternately, if Stein wants to sue Gortino for fraud to cancel the sale or come up with a different settlement, she can do that. Discussion 2: How does this doctrine act as an exception to the elements and requirements of a contract? This doctrine can act as an exception because, according to Reinstatement Section 90, the promise doesn't have to be "so comprehensive in scope as to meet the requirements of an offer that would create a binding contract if accepted by the promisee" ("Hoffman v. Red," 1967). Also, the promissor has to expect that, upon the promise, it will induce action by the promisee.
Davey Jones could also argue misrepresentation—he was induced to enter into the contract based on representations made about the quality of the ship. There appears to be no evidence of fraudulent intent. As a result, Davey Jones will have to plead either innocent or negligent misrepresentation. Since he appears to want to cancel the contract, he can plead either innocent or negligent misrepresentation. If he claims fraudulent misrepresentation and is unsuccessful, then Davey Jones will likely have to pay Captain Jack Sparrow Inc. its full legal costs.
All of this happened one day before the FDA announcement that it was rejecting the drug. Merill Lynch and SEC began investigating this trade. Martha claimed that she had an agreement with her broker, Bacanovic, to sell the shares if the prices fell below $60 and claimed her innocence. Later during the trial, an expert witness testified that the ink used to make the notation about the $60 dollar agreement that Bacanovic provided was not the same as other ink on that paper. Martha claimed that she was worth $750 million and the loss of about $45,000 that she avoided was only a small fraction of her worth.
Therefor Martha had zero income no credit is allowed. Problem 49 Jeremy and Celeste paid the following for their daughter , Alyssa , to attend Umiversity of Colorado, during 2010. Alyssa was in her first year of college and state tend full-time: Tuition and fees (for fall semester ) $1,950 Tuition and fees ( for spring semester ) $1,000 Book $600 Room and board $1,200 The spring semester at Unversity of Colorado begins in January. In addition to the above Alyssa's uncle Devin sent $800 as a payment to her tuition directly to the university. Jeremy and Celeste have modified AGI of $165,000 .
Explain. [Bannister v. Bemis Co. , 556 F.3d 882 (8th Cir.2009)] Case brief: Bemis Co, breached the covenant not to compete, the breach was material. Bannister could not accept employment with a Bemis competitor, but Bemis was to pay Bannister his salary. There was no term for a partial release. Bemis “released” Bannister to seek employment with one exception—Mondi Packaging.
On June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits and she was denied by the deputy of the Unemployment Security Commission on July 24 1974. Due to this Mrs. Mitchell was left disqualified for seven weeks of unemployment benefits. The actions of Mrs. Mitchell were considered as being defiant because of the name calling, not having the proper attire, and other evidence of conduct that had been done purposefully. Mrs. Mitchell then applied for an appeal, where she received a reinstatement of benefits on August 28 1974. On September 13 1974 appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N.M.S.A..1953.
The feds ultimately joined him, filing civil and criminal charges against TAP and prodding it into paying the government $885 million to settle the case–six times as much as the claimed overcharges. Douglas Durand cashed in: He received $126 million from the U.S. government. Now age 53, he retired and lives with his wife and daughter in the tony enclave of Tarpon Springs, Fla. Yet TAP itself was never accused of submitting bogus Medicare bills; it was charged under a little-known provision that holds medical suppliers accountable if others falsely bill the government for the suppliers’ products. On Oct. 3, 2001, the day prosecutors announced the settlement, they filed criminal fraud charges accusing TAP executives of perpetrating the overbilling scheme.
Sylvia Vega Smith, a mother of four children, worked as a wholesaler for BNC and was making commission money hand over fist; $16,000 per month. Sylvia states that some of the underwriters demanded that they receive brides to make the wholesalers loans go through. The bribes ranged from $1,000 to $2,500 for the first ten loans to the next twenty. When Sylvia’s underwriter wanted a bribe, or spinoff, from Sylvia she refused. Upon refusing her files stated missing and the $16,000 commission she was making began to drop, her boss told her if she was not going to fall in line then he “was going to make an example of her to the others” (Hellriegel & Slocum) According to the lawsuit, Coleen e-mailed the Regional Vice President of Operations to tell them that the male wholesaler had tried to bribe
20.3% 4. Calculating Simple Interest on a Loan. Damon convinced his aunt to lend him $2,000 to purchase a plasma digital TV. She has agreed to charge only 6% simple interest, and he agreed to repay the loan at the end of one year. How much interest will be pay for the year?