Case Problems
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Case 12.1: Steelee v. Goettee, 313 MD. 11, 542 A.2d 847, Web 1988 Md. Lexis 91
The estate can rescind on the terms signed on the contract because the contact was unambiguous. The representative of the property being sold of Mrs. Chaney who died underestimated on the size of the property and recorded in the contact as 15,650 Sq Feet instead of 22,047 sq ft. Therefore, the broker Drs. Steele and Faust who made the offer of the contract at a value of $ 300,000 which was agreed and signed in the contract was based on a size of 15,650 Sq Feet while the actual size is 22,047 sq ft.
Case 12.3: Beachcomber Coins Inc., v. Boskett, 166 N.J.Super. 442, 400 A.2d 78, Web 1979 N.J. Super Lexis 659
Beachcomber Coins can rescind the contact based on the fact that the object of the contact which in this case it was as per the initial specifications and it was a counterfeit. Therefore, Ron Boskett will be charged of selling counterfeit coin in pretense that it was genuine whether he would have done it willing or unwilling he would have ascertained if it was genuine.
Case 12.4: Campbell v. McClure, 182 Cal. App.3d 806, 227 Cal. Rptr. 450, Web 1986 Cal. App. Lexis 1751
Fred H. Campbell won the case against Robert McClure based on the arguments that he deceived Compbell on the true income the business. The information provided was fraudulent to influence the decision which Compbell made to purchase the business with anticipation that subsequent operational costs and earning would be much similar to what was in the doctored accounts records.
Case 12.8: Schaneman v. Schaneman, 206 Neb. 113, 291 N.W. 2d 412, Web 1980 Neb. Lexis 823 (Supreme Court of Nebraska)
Conservators can cancel the deed because the decision which Conrad Schaneman, Sr. made of issuing the deed of the farm to the elderly son Lawrence with an agreed value of $23,500 instead of $145,000 and $160,000 which was its actual market value was unduly influenced. Conrad Schaneman, Sr was not in a good medical and mental condition to make a sound decision. Therefore, Lawrence who was assisting him unduly influenced the decision for his own benefit by deceiving the elderly person.
Case 12.9: Hoffman v. Sun Valley Company, 102 Idaho 187, 628 P.2d 218 Web 1981 Ida. Lexis 320
Haffman worn the case on arguments that there was an existing contract which was verbal although both parties involved in the contact had not signed the relevant documents the executive committee has agreed to the terms stipulated by Haffman. Therefore, the verbal contract was valid to bind the contract.
Case 12.11: Ohanian v. Avis Rent a Car System, Inc., 779 F.2d 101, Web 1985 U.S. App. Lexis 25456.
The court ruled the case in favor of Robert S. Ohanian because General Manager of Avis orally told him "unless you screw up badly, there is no way you are going to get fired”. Avis went ahead and fired him hence breaking the earlier oral promise of a lifetime contract.
Case 12.9: Atlantic Wholesale Co. Inc., v. Solondz, 283 S.C. 36, 320 S.E. 2d 720. Web 1984 S.C. App. Lexis 555
Application of doctrine of promissory Estoppe would prevent application of the statute of Frauds in this case which Solondz refused to pay for the silver as he neither had ordered for it. Therefore, in future application of promissory Estoppe would be used to protect trading done by Atlantic Wholesale Co., Inc because Solondz would have committed his self by being on an agreed promise which is legal and acceptable.
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