A lawsuit was filed recently by Company BANK A against their former CEO named McNamara. McNamara, a bank manager, regularly took money from Company BANK A funds for his own personal use and made false entries in the bank records. The state court of Florida wants to hold the case there since the bank is located in Florida. Other employees of the bank heard of McNamara’s evil deeds. Employee B thought they heard that McNamara robbed another bank employee, which was false; however, employee B started spreading rumors by orally repeating what he knew to be false and created further injury to McNamara’s reputation. McNamara hired you as his lawyer to defend him in court. He is being sued in criminal and civil court. During trial, McNamara’s lawyer tried to use a pretrial device used to prevent surprises during the actual trial of a civil case. What legal document would the prosecutor have filed to start the trial?
What crime do you think McNamara may have committed?
What argument could you make to defend McNamara?
What would the prosecutor argue if criminal charges were brought against McNamara?
Discuss the court’s ability to gain jurisdiction in Florida?
Should the trial be held in Florida?
Can any claims be forced against Employee B for spreading rumors?
What law could employee B possibly have broken?
What surprise was McNamara’s lawyer trying to prevent at trial?
If a business is tied up in a law suit and the two parties cannot come to an agreement, the judge can send them to arbitration. What is arbitration and how would you argue a case if you were the lawyer hired to defend Company BANK A in a law suit by one of their customers for a dispute stemming from the illegalities of their former employee McNamara’s unethical conduct?
You decide to build your dream home. You hired construction company B to build the home. Half way through, the construction company decided they wanted more money to complete the project.
How can you prove if a contact was formed?
Does an executory contract exist?
State the elements of a contract.
What possible defenses can you argue to enforce the contract?
Can the construction company just breach the contact? Why or why not?
How could this be a valid, void, or voidable contract?
Could the doctrine of promissory estoppel apply? Why or why not?
Johnny is 13 years old and purchases a car from Motor Sports. Johnny decides after a few days that he will keep the car but does not feel like paying for it.
What defenses does the car dealership have?
What are the laws of minors when entering into a contract?
Can a minor just ratify a contract at any point?
Two parties have a dispute over a check as to its authenticity. How can we prove in court if an instrument like a check or draft is a proper negotiable instrument? What makes up a negotiable instrument? Give examples of a negotiable instrument.
McLean orally agreed to manage several of Orcini’s aerobics studios in Los Angeles for three years at a salary of $35,000 a year. After six months, McLean decided to quit her job and move to the East Coast. Orcini had to hire a new manager at a salary of $38,000 a year. Orcini claimed that McLean was liable for damages of $3,000 a year for breach of contract until McLean’s original contract expired. Is Orcini correct in his claim?
Pilati signed a contract to work as a consulting engineer for the Radtech Company Beginning on January 1st. When Pilati reported to work on January 1st, he was told that the position of consulting engineer had been abolished but that he could take a position in the marketing department. He refused. His contract with the company is discharged because of a material breach by the Radtech Company. Explain why this is a material breach. Identify what constitutes a breach and describe any types of breach including anticipatory repudiation.
Rosco of Salem, New York, purchased 2,500 pounds of a good from the Arco Company in Buffalo, New York. Several boxes were lost in transit. Rosco will suffer the loss because risk of loss passed to him when the goods were delivered to the common carrier at Buffalo. What is the UCC? How does it differ from the common law? When would the UCC apply? Why does the risk of loss apply and what does it mean?
Post, a retailer of toys, rejected a shipment of dolls from Jasper, a wholesaler, because they were not the original ones that were ordered. Post called Jasper and requested that the proper dolls be shipped. Jasper said that he could not because his stock had been depleted. Post then went to another seller, purchased the dolls he wanted from that seller, and sued Jasper for the extra costs he (Post) incurred. In this case, Post used the remedy of cover. List and describe as many remedies as possible. What are remedies at law verses remedies at equity? List a few examples of each type of remedy and name some similarities and differences.
Renee made out a check payable to Dawn. Dawn had the check certified by First National, the drawee bank, and then endorsed it to Quatro, who is the present holder. What effect does certification have on the parties? First National becomes primarily liable and both Renee and Dawn are discharged from liability. If this outcome is correct, why? Explain what each party is considered (drawee, drawer, indorsee, indorser) and describe what each means under the UCC. What is a holder in due course and would it apply in this scenario?