Principles Of Marketing
17th Edition
ISBN: 9780134492513
Author: Kotler, Philip, Armstrong, Gary (gary M.)
Publisher: Pearson Higher Education,
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G, husband of D, sold paraphernal property in her name without her (D’s) consent. Was such sale valid, void, voidable, rescissible. or unenforceable? Explain.
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- Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. a. What arguments would support Dodson’s termination of the contract? b. What arguments would support Shrader’s position that the contract is not voidable? c. Which side should prevail? Explain.arrow_forwardJensen purchased a six-room house for himself and his daughter. Jensen wishes to have a deed that states that, in case of the death of either of them, the other is to own the house. What form of ownership should Jensen choose?arrow_forwardRiffe, while serving as an officer of Wilshire Oil Company, received a secret commission for work he did on behalf of a competing corporation. Can Wilshire Oil recover these secret profits and, in addition, recover the compensation paid to Riffe by Wilshire Oil during the period that he acted on behalf of the competitor? Explain.arrow_forward
- Sam Simpleton, a resident of Kansas, and Nellie Naive, a resident of Missouri, each bought $85,000 in stock at local offices in their home States from Evil Stockbrokers, Inc. (“Evil”), a business incorporated in Delaware, with its principal place of business in Kansas. Both Simpleton and Naive believe that they were cheated by Evil Stockbrokers and would like to sue Evil for fraud. Assuming that no Federal question is at issue, assess the accuracy of the following statements: a. Simpleton can sue Evil in a Kansas State trial court. b. Simpleton can sue Evil in a Federal district court in Kansas. c. Naive can sue Evil in a Missouri State trial court. d. Naive can sue Evil in a Federal district court in Missouri.arrow_forwardWhat is the difference between possession and title of personal property?arrow_forwardEileen Murphy often cared for her elderly neighbor, Thomas Kenney. He paid her $25 per day for her help and once gave her a bank certificate of deposit worth $25,000. She spent the money. Murphy alleged that shortly before his death, Kenney gave her a large block of shares in three corporations. He called his broker, intending to instruct him to transfer the shares to Murphy’s name, but the broker was ill and unavailable. So Kenney told Murphy to write her name on the shares and keep them, which she did. Two weeks later Kenney died. When Murphy presented the shares to Kenney’s broker to transfer ownership to her, the broker refused because Kenney had never endorsed the shares as the law requires, that is, signed them over to Murphy. Was Murphy entitled to the $25,000? To the shares?arrow_forward
- 1. Tan, who is a minor, agreed to become a tenant of a house and to pay John, landlord, and certain amount for the furniture in it. Tan paid part of the sum and gave a promissory note for the balance. Tan occupied the house and had used of the furniture for several months. Later, Tan brought an action to have the contract rescinded and to recover the money he had paid to John. Can he repudiate the contract and recover the money that he had paid to John? Please state your reasons. 2. Mr. K, who is an electrician, rendered services to Mr. C. After completing the job order contract, Mr. K billed and sent charge invoice to Mr. C. When Mr. C learned that Mr. K is not a license electrician, Mr. C refused to pay the invoice. Mr. K then sued Mr. C for cost of his services. Mr. K is not a license electrician. Does the action of Mr. K prosper? Please state your reasons in the context of capacity to enter into contract.arrow_forwardGrace Peterson, a never-married and childless woman, then age seventy-four, asked Chester Gustafson, a Minneapolis attorney, to draw a will for her. Gustafson, who had also probated Peterson’s sister’s estate, drew this first will and six subsequent wills and codicils free of charge because he claimed that she had no money to pay for his services. Over the five-year period during which Gustafson redrew Peterson’s will, an increasing amount of property was devised to Gustafson’s children, until, finally, the seventh will so devised Peterson’s entire estate. Peterson, however, hardly knew the children except from several chance encounters ten years before. She died without ever having changed the seventh will, and Gustafson, who was named as executor, now seeks to have the will admitted to probate. Discuss whether the seventh will should be probated.arrow_forwardA minor enters into a contract for the purchase of certain necessaries , in such case Question 8Answer a. he is liable to pay b. his guardian is liable to pay. c. he is not personally liable to pay d. his estate is liable to payarrow_forward
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