SMC Business Law Sec 1059 Week 1 – 4 Chapter Homework Analysis (2017)

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SMC Business Law Sec 1059 Week 1 - 4 Chapter Homework Analysis (2017)
Question # 00048111
Subject: Law / Business Law
Due on: 02/03/2017
Posted On: 02/03/2017 03:42 AM
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Week 1: Wk 1: Chps 1 & 2 - HW Anal. Chp. 1


Chapter One (The Nature of Law) page 2

Question One: Briefly explain how a statute, the Restatement Second, and stare decisis affect legal decisions.
Week 1: Wk 1: Chps 1 & 2 - HW Anal. Chp. 2


Question One: Briefly explain the difference between substantive and procedural law.

Question Two: A complaint merely alleges what the plaintiff is contending occurred (factually) between the parties. In the answer to the complaint, the defendant usually denies the plaintiff's allegations, but says no more. In some cases, however, the defendant will allege facts that controvert the Plaintiff's. Discovery is what occurs between the time the answer is filed and the the time that the case is actually tried (if it reaches trial). During the discovery phase, the parties resort to the use of interrogatories, depositions, admission requests and document production requests. Define these different discovery tools and explain the purpose for each. Also explain the purpose of discovery as you understand it.
Week 2: Wk 2: Chps 4 & 5 - HW Anal. Chp. 4


Question One: There exists - in the field of contract law - both contract and non-contract theories of recovery. Depending upon the particular fact pattern, a party might file a lawsuit for breach of an express contract in fact or beach of an implied contract in fact. Both of these are contract theories! A party might choose to rely on a non-contract theory as well or instead. The two non-contract theories are quasi contract (implied in law) and promissory estoppel. Briefly distinguish between these two non-contract theories and cite a factual example for each. Indicate who would prevail in the example you cite.

Question Two:The Restatement 2nd of Contracts, Uniform Commercial Code and Stare Decisis are, generally speaking, the sources of law that judges look to and apply to contract disputes. The facts of the particular lawsuit will determine which of the above theories is applied to the particular lawsuit being litigated. The judge will instruct the jury to apply the particular theory to the facts after deciding the facts. In a court trial, the judge will herself apply the particular theory. Under what circumstances would the judge:

Apply the Restatement 2nd

Apply the Uniform Commercial Code

Rely on Stare Decisis
Week 2: Wk 2: Chps 4 & 5 - HW Anal. Chp. 5


Question One: An offer is a proposal by an offeror that, if accepted, will create a contract. Offers require that the offeror make a promise. The promise can be express or implied. The offer must bargain for a return promise, an act, or forbearance and it must describe what is being offered (the subject matter) with enough certainty so that a court will not have to guess at what the offeror intended. The offer must be communicated to the offeree and it must be proven that the offeror manifested the intent to make an offer. Please explain how the offeree would prove that an offeror 'intended' to make an offer if:

Question Two:Offerors, as a general rule, have the legal right to revoke their offers. There are however several circumstances that would prohibit the offeror from revoking the offer. Please identify each of the circumstances. Also, provide a factual example for each. You may use facts from the textbook, a case that you are familiar with or you may make up the example.
Week 3: Wk 3: Chps 6 & 7 - HW Anal. Chp. 6


Question One: Assume that Merchant A submits an offer to Merchant B. Merchant A used his own form for the offer. Assume that Merchant B, intending to accept the offer, responded by sending his own form. Merchant B's form contained terms that were not contained in Merchant's A offer. Please identify the UCC law that will be applied to this scenario and explain how a court will decide the effect of the purported acceptance and which, if any, of the additional terms will be viewed as part of a contract between Merchants A and B.

Question Two: Contract law requires proof that the offeree 'intended' to accept the offer. It is not an uncommon defense for the offeree to allege that she did not intend to accept the offer. She might argue that she didn't even know that an offer was being made, or that when signing the document she failed to read all of the terms, or that she did read all of the terms but did not understand certain ones. Explain how an offeror prove that the offeree did intend to accept a particular offer if the offeree contended:
Week 3: Wk 3: Chps 6 & 7 - HW Anal. Chp. 7


Question One: There are 4 reasons why an agreement would lack consideration. Your assignment is to submit a factual example for each of the four reasons and to correctly identify which of the four reasons the factual situation addresses. In other words, . . . "This agreement lacks consideration because of the rule of __________________ . Thus, your assignment would appear as follows: A and B agreed to __________________. A promised to ___________ and B ________________. This agreement would not be enforceable because it lacks consideration. It lacks consideration because ________________ (an you must identify which of the legal principles applies).

Question Two: There exist theories in contract law that would allow a party to enforce a promise and or agreement even though it that lacked consideration. Your assignment is to list a fact situation for each individual theory and identify the theory. Thus, your assignment would appear as follows: A and B entered into an agreement that could not be enforced because it lacked consideration due to the fact that ___________. However, according to the theory of ___________, _____ would be able to enforce the agreement. This theory requires that _____ prove the following: ____________________________.
Week 4: Wk 4: Chps 8 & 9 - HW Anal. Chp. 8


Question One: Describe the type of conduct that would cause a fraudulent misrepresentation to occur. Give an example for each way that you list.

Question Two:Describe the type of conduct that would cause an innocent misrepresentation to occur. Give an example for each way that you list.

Question Three:Explain how mistakes occur.

Question Four:Give three examples of why a party would be required to voluntarily disclose information to the other contracting party.
Week 4: Wk 4: Chps 8 & 9 - HW Anal. Chp. 9


Question One: List the different types of contracts that a minor cannot avoid. Provide a factual example for each contract you list.

Question Two:Explain the minor's duty to make restitution to the adult as a condition of being able to disaffirm the contract.

Question Three:Also explain how the common law and modern law differ with regard to the minor's duty to make restitution.