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Busines Law - Research Paper Example

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Name 24 July 2011 Assignment I. a) Jaspal had told his friend Friedrich that the car would go to him if Jaspal did not make it through the night and suffered a heart attack which would lead to his untimely death. However, he survived the attack and lived another five months according to the facts, after which he died and his Uncle Sam claimed his belongings as per the executor of his estate…
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Busines Law Research Paper
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Download file to see previous pages Under the execution terms of his estate, the car belonged to his relative Uncle Sam. b) Curtis gave his car keys to the hotel guard of Hotel Ritz, a very renowned and expensive hotel and expected the guard to carry out a duty of care by executing reasonable foresight. Even though he failed to inform the guard about the expensive fur jacket in the trunk of the car, it was the duty of the guard to make sure that the car was parked properly and that a check was kept on it in order to ensure that it did not get stolen. The hotel and the guard both owed a duty of care to Curtis when he checked in and gave the guard his car keys, and did not expect them to be so negligent in handling his belongings. Therefore, Curtis will be successful in holding the hotel and the guard liable for the damage caused to him due to the loss of his car and his coat and can make them pay for both, because it was the duty of the hotel and the guard to make sure that his car as well as everything inside it were intact and safe in the hands of the parking lot and guards. The hotel should have taken precautionary measures and not been negligent in letting his car get stolen. c) In the case of Terry, Stocks and Lock, the possession of the money will go to Lock because the motel was in his possession and Stocks and Terry had been hired by him in order to renovate and not take any moveable or immoveable property from the location. Lock had full ownership over the motel and thus everything inside it belonged to him, and was his decision with respect to what he wanted to do with the moveable property. The money should be characterized as mislaid abandoned or lost because whoever had put it there had left it and left the motel with little or no intention to return. In any case, the property had become part of the motel after it had been abandoned there and thus was in possession of Lock. II. d) “Statute of frauds as applicable to the sale of goods— The actual contract does not need to be in writing. Just some note or memo must be in writing and signed. However, the UCC exception to the signature requirement is where written confirmation is received and not objected to within 10 days [§2-201(2)]” Thus according to this rule laid down by the UCC, Rupari was under the obligation to pay the entire amount even though the contract was not in writing because it was fixed orally and a confirmation was received on part of Rupari to deliver the pork goods which was not adhered to. However, the exception may be considered and taken into account here because it clearly states that written confirmation should have been received which was not indeed received by the company. III. a) A contract had been formulated between Mackey and Pride with regard to the shipping of the Greenie Brand Peas via Fast Freight Lines. However, a fire destroys all the thousand boxes of peas and the shipment was not able to be transferred through to Mackey. However, even though Mackey’s name and address was printed on each and every box and ready to be sent, Mackey will not have to suffer the loss that was caused to Pride because the peas never reached Mackey. The peas were not even en route to Mackey when they got burnt in the fire and thus the responsibility lies completely within Pride’s ability to get back their loss through means of insurance because even ...Download file to see next pages Read More
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