preview

Summary Of Mahaffey V Holly Hill Gainesville

Decent Essays

Reference to another Agreement: Holly Hill Acres, Ltd. v. Charter Bank of Gainesville Creation of Negotiable Instruments is simply the creation of commercial paper that can also be referred to as important money substitutes. Money simply does not work as well as negotiable instruments for the purposes of convenience, safety, record keeping, and extension of credit. There are critical elements in creating a negotiable instrument, one, it must be in writing form, it has to be signed by the maker or the drawer of it, there has to be an unconditional promise order to pay. Moreover, it must state a fixed amount of money, it does not require any undertaking in addition to payment of money, it must be payable at a definite time and lastly, it is payable …show more content…

Investor’s National Security Company A contract is an enforceable promise between parties. The parties to any contract must perform according to the relevant and required standards. This includes substantial performance of the services promised, complete or strict performance and personal satisfaction. Failure to perform as required is a breach, which is a compensable injury. Several defenses exist as a result of contract breach. This may include, statute of limitation, statute of frauds requirement for writing, fraud, mistake done during contract performance, lack of good capacity and unconscious ability. In this case, Five Star Solar Screens Company did not act ethically, this is because, according to business ethics, the service providers should not cheat their clients, Five Star lied to the Mahaffeys that the installation would reduce their heating bill but actually, they much was done due to the defects in the way the installation was done. Moreover, service providers should carry out their tasks efficiently; this is contrary to what Five Star did. Yes, Mahaffeys can successfully assert the defense of breach of contract by Five Star against the enforcement of the note by Mortgage Finance. This is because, the works did not satisfy the clients and the performance was not specific to the note and original …show more content…

In addition, the collateral description was too ambiguous in its language due to use or the word “property” and misleading to creating a security interest in the debtor’s account receivable in favor of the creditor. References: Clarkson, K. W. (2001). West's business law: Text, cases, legal, ethical, international, and e-commerce environment. Cincinnati, Ohio: West Legal Studies in Business. Clarkson, K. W., Miller, R. L. R., & Cross, F. B. (2012). Business law: Text and cases: legal, ethical, global, and corporate environment. Mason, Ohio: South-Western Cengage Learning. Lefstein, N., & American Bar Association. (2011). Securing reasonable caseloads: Ethics and law in public defense. Chicago, Ill: American Bar Association. Miller, R. L. R., Cross, F. B., & Jentz, G. A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning. Speidel, R. E., Summers, R. S., & White, J. J. (1993). Sales and secured transactions: Teaching materials. St. Paul, Minn: West Pub.

Get Access