BL Midterm

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  1.   Initially, there was a contract established between Maggie and Bill because there was an offer made and it was accepted with consideration. However, roughly 7 or 8 months had  passed and there was no contact between Maggie and Bill which could be considered a reasonable amount of time without establishing any terms therefore potentially making the contract void. Based on the circumstances of this case I believe that Maggie would  prevail. 2.   As society evolves, it will adopt new rules and regulations for its citizens to abide by. Over the course of history judicial views of what is socially acceptable has changed  because social norms have transformed overtime. These historical changes have been an example of what is acceptable and what is not, also they have sho wn the dos and don’ts when it comes to societal norms. History is a matter of trial and error meaning that todays society is an image of repeating this that worked then that can relate to society now and improving what didn’t work back then to benefit soci ety today. Back in the 19 th  century courts were not willing to interfere with private agreements or anything to do with a  potential interference with the countries growing industrialization (159). Also,  businesses were allowed to get away with much more, for example, if their products caused and injury they were not liable. Back then things were pretty black and white as far as how things were ran. If an individual entered into a contract willingly it was usually enforced even if it was an unfair result (159). Overall, contract law is always changing to keep up with the new challenges and shifting norms of society. 3.   In this case I would rule in favor of Troy because in this specific circumstance Angela does not have personal jurisdiction. Angela is unable to sue in Maryland because the furniture is from North Carolina and she was in North Carolina when she made the   purchase even if it was an online purchase. It is possible that the furniture was damaged during the transportation process from North Carolina to Maryland but since the hard facts within the case are in North Carolina I would have to rule in favor of Troy. Also, for Angela to obtain nonresident jurisdiction she would need the three factors which are the nonresident defender must participate in an activity to make herself known in that territory, the claim must be territory related, and the last factor is the application has to be reasonable (Bates, et. al. 31). In this specific case, these factors do not apply to Angela therefore she is unable to claim jurisdiction. 4.   The ethical model that supports Toms decision of relocating is Profit maximization. By moving the factory to Lubbock, Texas, to will be able to not only maximize profit for the factory but for the share holders as well. The various profit benefits of this move include lower labor costs, lower prices for consumers, and there is no state income tax which will  benefit its workers. It is possible that profit maximization can cause harm to the employees but in this situation determining what is best for the factory is the main goal. 5.   Julia is not able to enforce Kathrine’s promise because she never accepted the offer.  For an offer to be valid there must be an offer made, acceptance of that offer, and consideration. 6.   Under the statue of frauds, the law states that there needs to be more evidence sometimes  put forth to demonstrate that a contract was discussed i.e. written proof. For a contract to  be enforceable under a statute of frauds there are certain types of contracts that need to be in writing. These contracts include ones where the executor of an estate agrees to pay the estate debts of the deceased individual, transfer of interest in land, one person paying another’s debt, contracts that are u nable to be performed in a year, and the Uniform  Commercial Code that states that contracts for the sale of goods that cost $500 or more need to be written in order to be enforceable (262). 7.   Yes, Padma must pursue her claim through arbitration. When signing her work contracts Padma was fully aware that she would be unable to sue in open court when the contract strictly said any dispute would be handled through arbitration. 8.   Punitive damages go beyond the compensation awarded to the injured party. Punitive damages are given to the injured party to punish the party that has been charged with committing a terrible offense and to discourage other parties from making that same mistake in fear of receiving a large punitive damages fee. In recent years, courts have reduced punitive damages fees and the circumstances in which they are awarded. 9.   Because she is talking about his business and services this specific situation could fall under the tort of disparagement. However, since Grace is telling Will these things about himself, he is unable to sue. The facts presented in the case does not say that she  published these statements anywhere or said them to a third party she just may have hurt Wills feelings by saying these things, but the law does not allow people to sue because they go their feelings hurt. Therefore, Will does not have an actual case and Grace wins. 10.   Due diligence refers to an individual’s  legal obligation to do the right thing and avoid any type of harm for themselves or anyone else. In a case of claims for misrepresentation and fraud, the individual being convicted of these things is perceived to not have done their due diligence because in one way or another they put another individual in harms way with what they did. 11.   Personally, I think it was not smart for Martha to agree to Lindenwood not being responsible for any injuries cause by mold. I believe that that being in the contract would   be a red flag that she should not live there in the first place. I think it depends on the Judge with this case. On one hand, she could claim they were reckless because they knew the mold could potentially be a problem to the health of various individuals. However, Lindenwood could have a defense of comparative negligence because both parties were aware that the mold could pose a potential threat to the heath of those living there. Either way I think Martha will be able to recover some damages, but it is just a matter of how much. 12.   Lindenwood is correct is suing Julia for a breach of contract because that is exactly what she did a few months after entering into a contract with them. However, there is no evidence to support that Peabody knew that Julia was already in contract with Lindenwood. For this reason, I don’t think Lindenwood has any claims to sue Peabody for tortious interference because there is no way to tell if what they did was intentional or not. 13.   Police power is the government’s power to control the citizen within the rules and regulations of the law to help maintain health, safety, and security. Police are responsible for enforcing the state and country mandated laws. Under the taking clause it prohibits the government from taking real or personal property for public use without adequate compensation (Barnes, et. al 79). Even if the current owners are not living on the  property, this is still a violation of the taking clause because these individuals are not  being compensated for there land that is being rezoned for publics use even if it is for the environment its being passively used for the public. 14.   The Forth Amendment protects public employees from being searched or seized without  probable cause. If a public company implements an employee random search policy they
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