Under Arkansas case law pertinent to actual fraud, Is Mr. Sidewinder liable for fraudulent misrepresentation, when (1) the sword which was solicited as authentic turned out to be a replica; (2) the defendant characterized the sword as what he personally believed to be true; (3) the plaintiff was given the opportunity to inspect the sword before the sale was induced; (4) the plaintiff relied on the statements of the seller, believing him to have peculiar knowledge in the field, and purchased the sword before examining it herself; (5) the plaintiff bought the sword for $50,000 when it was only appraised to a value of $1,000? BRIEF ANSWER Probably no. Mr. Sidewinder will have to concede that there was a factual misrepresentation of the purchased …show more content…
Upon which, on May 25, 2016, Budd informed her that he was out of town in New York, handling his financial troubles, and would not be back until June 20th, and offered to meet with her then. Facing an impending moving date of June 10th, Beatrix stated that she could not wait that long, and needed the sword sooner in order to give it to her daughter before they left for Florida. Subsequently, she proffered to buy the sword using PayPal as a means of transferring the funds, and using a private courier to pick up the blade in New York and then deliver it to her in Arkansas, costing her an additional $1,000. She requested an address and a date that would work for Budd to which he replied with the appropriate address and a date of May 29th. On May 28th, Beatrix forwarded the $50,000 to Budd via PayPal with instructions to transfer the merchandise to the courier in the morning. The courier picked up the “Black Mamba” on May 29th and delivered it to her house in Arkansas on May 30th. On June 10th, she surprised her daughter with the sword for her 16th birthday. Shortly after gifting the sword, they had to pack it amongst their belongings to be moved to
At 14:32 Haring was arrested for OWI and fleeing the scene of an accident. He was taken away for booking and a Data Master Breathalyzer test.
0715 hours CSW arrived at the above residence and met with Hillsboro PD Officer Parchim, Officer Miller, Officer Curtis and other Hillsboro PD personnel.
According to CCP §437c, if there is a single issue of material fact, a motion (for summary judgment) must be denied. Tommy did provide sufficient material facts to allow a jury to find in his favor. Specifically by relaying the facts that Peter Plaintiff’s collision with Jack was too remote for liability to be put on Tommy and that Tommy did not knowingly furnish alcohol to Jack, demonstrating that there was not a prima facie violation of Cal. Civil Code §1714.3 Therefore, the court erred in granting Peter Plaintiff’s motion for summary judgment and this court must reverse that wrong.
As indicated by the scenario it seems that the decision problem is a matter if the accounting systems annual conference that is previously scheduled to occur on September 13-16,2005 should be canceled, due to the fact Hurricane Katrina has occurred and demolished building and homes leaving them in ruin in the city of New Orleans, Louisiana. The primary issue thus becomes does the board or committee moves the conference to a future date or have conference at another location that would thus incur higher costs for hotel for patrons of the conference in addition to it would be a price increase for flights that were already scheduled to New
On 9-15-17, Adrian and Len were standing at the stop sign, on a curve; waiting on their school bus around 7:15 am. The stop sign is not their destination pick up and drop off. Adrian and Len were unsupervised. Adrian and Len were out of eyesight from home. The home is around two curves. The Family Protection Specialist (Tanya) was in route to picks Adrian for his doctor (unknown) appointment on 9-15-17; when she said the two children at the stop sign. Due to the children's foster mom (Juanita) was unable to take Adrian to his doctor appointment. Juanita was asked, "Why are Adrain and Len were standing at the stop sign, unsupervised?" Juanita stated that: "They are the second grader and are older enough to be there; because they are in second grade." It is unknown what is meant by this. Adrian and Len were asked: " How often do they are left alone at the stop sign?" Adrian stated that:" Sometimes someone (unknown) is here and sometimes they do not."
Starting from the beginning, the original post the sale, on November 1, Dr. Peters wanted to sell 850 tubes of toothpaste. In the sale ad it states "Write me if wanting to accept". Therefore, Sam did in fact put a check in the mail the same day, November 1. This is considered to be a part of the mailbox rule in which "an acceptance sent via the postal system or by courier is effective when sent" ((Luizzo, A., 2016, pg. 127). Therefore, the acceptance of the sale is a contract between Sam and Dr. Peters. However, a written contract should have followed; as it states in the Statutes of Fraud that in order to be legally binding, sales dealing with "personal property of $500 or more" must "be in writing to be legally enforceable" (Luizzo, A., 2016, pg. 201). The two parties have entered into a valid and express contract.
Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim
On September 3, 2013, the Department of Human Services, Office of Program Review, Monitoring and Investigation (OPRMI), Fraud Investigations Division received a hotline compliant alleging that District of Columbia (DC) benefit recipient, Shaniqua Williams (Ms.Williams) was employed by Hoffman Theatre in Alexandria, VA on Eisenhower, and has not reported her income while receiving benefits.
There does not appear to be any definite case law on the question of whether a motion under K.S.A. 60-241(a)(2) should count as a motion to dismiss for timing purposes. The cases that I am citing are largely not considering the question on point, but instead consider it either any other contexts or in passing. Largely, any argument we make seems to need to be based in either language or the purpose of the rule.
The case was brought to DCFS attention when a reporter stated on 7/11/17, OPWI attempted to obtain an emergency order of protection on behalf of Kiara (age 7). Reportedly Ashley (mother) is actively using METH and also methodone she gets from a clinic, and is also involved in prostitution. Ashley told OPWI that Ashley ''can't wait outside for the bus to go to drug court because she's done bad things to people (robbed people, committed home invasion, taken people's money and drugs) and these people are after her.'' Reporter states that one of these people came to OPWI's house looking for Ashley and scared Kiara. Ashley recently got out of jail, stayed with OPWI for a couple of days, left last Friday telling Kiara she would be back in a couple of hours, didn't return
was later found by the buyers to contain more than $30,000 in cash, how did the court
The Private Equity Partnerships (PEPs) agreement contains mechanisms to align the interest of general partners (GPs) with those of the limited partners (LPs): performance incentives and direct means of control. In the case of Accel VII, we are interested in how the performance incentives align both the interest of the general and limited partners. They include the terms of the general partners’ compensation structure and calculations of management fees and carried interest. These details can significantly affect the general partners’ incentive to engage in behavior that does not maximize value for investors.
Although Bob exhibits a higher degree of ethics and legal responsibility than Stan, Mike, and John, ethics and legal responsibility are not always in alignment. In this case, John completes the order for Quality Lumber with Bob’s name on the sales order. Quality Lumber has an established client relationship with White Lumber. The current state of the economy makes the existing client relationship even more valuable. Bob suspects that the lumber that is being purchased will be used illegally as scaffold plank. Scaffold plank has to meet strict requirements and grading for safety and usage. Failure to abide by the requirements could result in accident, death, legal liability, and fraud. If the lumber being used as scaffold plank fails resulting in injury or death, then White Lumber may be held legally liable since they had firsthand knowledge about how the lumber was going to be used. It may also constitute as fraud because White Lumber is knowingly selling lumber that will be used as scaffold plank.
Cases of false affirmation occurred where the buyer was convinced to buy something by the false statements of the seller;
L & Co dispatched the goods on credit to Blenkarn, who resold 250 dozen to Cundy. Blenkarn did not pay for the goods. L & Co sued Cundy to recover the handkerchiefs. It was held that the contract between L & Co and Blenkarn was void for unilateral mistake. L & Co intended to deal with Blenkiron & Co, not Blenkarn. Cundy was liable to return the handkerchiefs to L & Co because no right of ownership had passed to him.