Carlos, a student at the local community college whose sole…
Carlos, a student at the local community college whose sole focus in life was music, inherited Thunder, a thoroughbred whose naughty behavior made him a pest around the barn. Carlos sold Thunder for $2,500 to Tim, an experienced racehorse trainer, who knew that Carlos was ignorant about horses. At the time of sale, Carlos said to Tim, “I hate to say it, but Thunder is bad-tempered and nothing special.” Soon after the sale, Thunder won three races and earned $500,000 for Tim.Which of the following facts, if established by Carlos, would best support Carlos’s chance of obtaining a rescission of Thunder’s sale to Tim?
Read DetailsLululemon rented a commercial building from The OC Company a…
Lululemon rented a commercial building from The OC Company and operated their business in it. The building’s large front window was smashed by vandals six months before the expiration of the lease. Lululemon, who was obligated to pay for repairs in such cases, promptly contracted with First Glass to replace the window for $2,000, due 30 days after satisfactory completion of the work. The OC Company was unaware of the contract between Lululemon and First Glass. First Glass knew that the building was under lease, but he dealt entirely with Lululemon. Sixty days after First Glass’s satisfactory completion of the window replacement, and prior to expiration of Lululemon’s lease, Lululemon, then insolvent, ceased doing business and vacated the building. In so doing, Lululemon forfeited its right to the return of a $2,000 security deposit with The OC Company. The deposit had been required for the express purpose of covering any damage to the leased property. The only such damage that occurred during Lululemon’s occupancy was the smashed window. Upon vacating the building, Lululemon mailed a $1,000 check to First Glass, bearing on its face the following conspicuous notation: “This check is in full and final satisfaction of your $2,000 window replacement bill.” Without noticing this notation, First Glass cashed the check and sued Lululemon for the $1,000 difference.If Lululemon’s only defense is accord and satisfaction, is Lululemon likely to prevail?
Read DetailsLululemon rented a commercial building from The OC Company a…
Lululemon rented a commercial building from The OC Company and operated their business in it. The building’s large front window was smashed by vandals six months before the expiration of the lease. Lululemon, who was obligated to pay for repairs in such cases, promptly contracted with First Glass to replace the window for $2,000, due 30 days after satisfactory completion of the work. The OC Company was unaware of the contract between Lululemon and First Glass. First Glass knew that the building was under lease, but he dealt entirely with Lululemon. Sixty days after First Glass’s satisfactory completion of the window replacement, and prior to expiration of Lululemon’s lease, Lululemon, then insolvent, ceased doing business and vacated the building. In so doing, Lululemon forfeited its right to the return of a $2,000 security deposit with The OC Company. The deposit had been required for the express purpose of covering any damage to the leased property. The only such damage that occurred during Lululemon’s occupancy was the smashed window. Upon vacating the building, Lululemon mailed a $1,000 check to First Glass, bearing on its face the following conspicuous notation: “This check is in full and final satisfaction of your $2,000 window replacement bill.” Without noticing this notation, First Glass cashed the check and sued Lululemon for the $1,000 difference.If Lululemon’s only defense is accord and satisfaction, is Lululemon likely to prevail?
Read DetailsOranges Computers and Big Ten University contracted in writi…
Oranges Computers and Big Ten University contracted in writing for Oranges to provide Big Iron, a mainframe computer using a new technology that was then under development but not perfected, at a price substantially lower than that of a similar mainframe using current technology.The contract’s delivery term was F.O.B. Big Ten University, on or before June 30. Oranges tendered Big Iron to Big Ten University on July 15, and Big Ten University rejected it because of the delay.If Oranges sues Big Ten University for breach of contract, which of the following facts, if proved, will best support a recovery by Oranges?
Read DetailsMark emailed John and stated: “I am going to give you a rare…
Mark emailed John and stated: “I am going to give you a rare painting that I own because you have been a great friend.” John replied by an email that said: “I appreciate the rare painting. I am going to give you my stamp collection.” The rare painting was valued at $5,000; the stamp collection was valued at $500. John delivered the stamp collection to Mark, but Mark refused to deliver the painting.If John sues Mark to recover the value of the painting, how should the court rule?
Read DetailsDanny Developer sent Twinkleberry Farms a letter that stated…
Danny Developer sent Twinkleberry Farms a letter that stated, “I will pay you $2,100 an acre for your land.” Twinkleberry Farms’s reply letter stated, “We accept your offer.” Although Twinkleberry Farms did not know, Danny Developer had intended to offer only $2,000 per acre but had mistakenly typed “$2,100.” Both parties were aware that similar land in the area had been selling between $2,000 and $2,200 per acre.Which of the following states the probable legal consequences of the correspondence between the parties?
Read DetailsWRITING PROMPT: Select three sources from the ebook Pursuing…
WRITING PROMPT: Select three sources from the ebook Pursuing Happiness. Then, in an essay that synthesizes these sources, take a position on the topic*. *Topic: The topic of your synthesis must involve happiness. Happiness itself is too broad; therefore, you are required to narrow your topic. Here are two examples: (1) Money can buy happiness. OR (2) A happy life is achieved by experiencing quality relationships with others. Point of View: Write your essay from a third person point of view. Format: Your essay must be written in MLA format. The acceptable verb tense for this MLA formatted essay is present tense. Hook or Lead: For this essay, consider all possibilities for grabbing the attention of your audience. In your opening sentence in the introduction paragraph, hook your readers by grabbing their attention right away. A good option for this Synthesis Essay is to use a thought-provoking question for your opening sentence. Introduction (Paragraph 1) Your first sentence should be a hook or a lead that captures the audience’s attention. The middle portion of the paragraph must introduce the audience to the topic. The middle portion of the paragraph must provide context. Your closing sentence should be your thesis sentence. Consider taking on this challenge: Learn about the “Full Circle” introduction and conclusion. Thesis Sentence: Use one of the following models to help you build a thesis statement for this Synthesis Essay. Option 1. Misinterpretations Model: “Although many individuals have argued about A and B, a careful examination suggests C.” Option 2. Filling-the-Gap Model: “Although people have noted A and B, they have missed the importance of C.” Option 3. Modification Model: “Although critics claimed A and B, it is important to extend/refine/limit their ideas with C.” Option 4. Hypothesis-Testing Model: “Some people explain A by suggesting B, but a close analysis of the problem reveals the possibility of several competing/complementary explanations such as C, D, and E.” The Literature Review (Paragraph 2) Required: Give a summary of the 3 sources you have selected for your Synthesis Essay. Option 1: Write one paragraph including a summary of each source. In this option, you will provide 1-2 sentences per source. Your paragraph will probably be 8+ sentences long. Option 2: Write two paragraphs summarizing the sources. 5-10 sentences long for each paragraph. (Yes, this will make your essay 7 paragraphs total instead of 6.) Option 3: Write three paragraphs. In this option, you will write a one paragraph summary on each source, totaling 3 paragraphs. (Yes, this will make your essay 8 paragraphs long instead of 6.) Your paragraph(s) should begin with a topic sentence, restate the information from the source, and end with a conclusion sentence. Each source should be properly formatted according to MLA format, and the author of the source should be included when the source’s title is mentioned. Body Paragraph #1 (Paragraph 3) This paragraph will focus on the first point of your synthesis. This must be in line with your thesis statement which was stated in the introduction. Set up your paragraph in the following way: Start your paragraph with a topic sentence. You must provide direct quotes from 2 or 3 sources. Synthesize! Use a signal phrase before each direct quote, and follow the quote with an in-text citation. End the paragraph with your analysis. Body Paragraph #2 (Paragraph 4) This paragraph will focus on the first point of your synthesis. This must be in line with your thesis statement which was stated in the introduction. Set up your paragraph in the following way: Start your paragraph with a topic sentence. You must provide direct quotes from 2 or 3 of your sources. Synthesize! Use a signal phrase before each direct quote, and follow the quote with an in-text citation. End the paragraph with your analysis.Links to an external site. Body Paragraph #3 (Paragraph 5) This paragraph will focus on the first point of your synthesis. This must be in line with your thesis statement which was stated in the introduction. Set up your paragraph in the following way: Start your paragraph with a topic sentence. You must provide direct quotes from 2 or 3 of your sources. Synthesize! Use a signal phrase before each direct quote, and follow the quote with an in-text citation. End the paragraph with your analysis.Links to an external site. Conclusion (Paragraph 6) Summarize the main points. Restate the thesis of your essay. Challenge the readers. My challenge to you: write a “Full Circle” introduction and conclusion for this essay.
Read DetailsOfficers Elena and Edith stopped an automobile for running a…
Officers Elena and Edith stopped an automobile for running a red light. Officer Elena approached the car. That is when she observed some hand-rolled cigarettes above the steering wheel. Officer Elena ordered Driver David out of the car, examined the cigarettes, and determined that they were marijuana joints. Officer Elena arrested Driver David and locked him in the back seat of the police cruiser while Officer Edith searched the entire car, including the trunk. In the trunk, Officer Edith found two rare sculptures that had recently been stolen from the city’s art museum.Driver David was charged with possession of stolen goods and counsel was appointed. After reviewing the file, Driver David’s attorney brought a motion to suppress the introduction of the sculptures into evidence, claiming the search of the car trunk was unconstitutional.If the motion is denied, which of the following is the most likely basis for the denial?
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