David owns a home located at 123 Mulberry Lane. He decides h…
David owns a home located at 123 Mulberry Lane. He decides he wants to redo the basement and make it into a man cave. In March, 2015, he enters into a contract with Albert to remove several inner basement walls to make an open layout man cave. The contract between David and Albert states that David will pay Albert $10,000.00 for his labor and materials. In April, 2015, David then enters into a contract with Brian to build custom built wooden bookcases that would hold a large home movie theater system. The contract between David and Brian states that David will pay Brian $20,000.00 for his labor and materials. In May, 2015, David has a birthday. As a birthday present, Calvin tells David he will paint the walls of David’s basement-turned-man cave. David picks out a blue color, and Calvin paints the walls as a gift to David. In June, 2015, David enters into a contract with Ferguson to install a home movie theater system inside the basement. The contract between David and Ferguson states that David will pay Ferguson $30,000.00 for his labor and materials. In July, 2015, David has not paid anyone any money towards their fees for their work and/or furnished materials for his basement (thus, full balances are due and owing at this time). David decides to leave town and wants to sell his home. It’s valued at $30,000.00. Several of the above mentioned people decide to place liens on David’s home to make sure they get paid. By what method will priority be determined? (i.e., who will get paid first)?
Read DetailsVenus owns a car lot. Xavier wants to buy a car from Venus….
Venus owns a car lot. Xavier wants to buy a car from Venus. On March 1, 2015, Venus offers to sell a 2001 Ford Mustang to Xavier for $7,500.00. Venus and Xavier enter into a written contract. In the written contract is a liquidated damages clause that states that “if either party breaches, the breaching party will pay $2,000.00 in liquidated damages to the nonbreaching party.” Venus and Xavier both sign the written contract. Xavier has $1,000.00 cash on hand, and hands over his money to Venus. Venus, in exchange, tells Xavier that he has until the end of the month to give her the rest of the money, and gives Xavier the keys. After signing the contract and handing over his $1,000.00, Xavier tells Venus he’s so proud to have his very first car, and that the $1,000.00 he just paid Venus with was the money he received at his 16th birthday party last week. Venus congratulates him. Xavier then drives off and is never heard from again. What money can Venus recover from Xavier?
Read DetailsAlbert is a broker, and he represents Brent, who is a home o…
Albert is a broker, and he represents Brent, who is a home owner. Brent would like to sell his home. Candy comes forward, as a potential buyer of Brent’s home. Brent instructs Albert to sell Candy the home. Albert, instead, decides to sell the home to David. What duty has Albert breached?
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