Miguel, a 16-year old mechanic’s apprentice, borrowed $3,000 from his next-door neighbor, Jono, by telling him that he was 20 years old and had a good, stable income. The loan was payable in three equal fortnightly payments. After the first payment, Miguel stopped paying Jono. Jono wanted to bring legal action against Miguel but when he discovered his real age, he decided instead to initiate an action in tort for deceit against the latter. Will Jono likely be successful in his action in tort for deceit against Miguel? Explain your answer.

An intruder entered through a window and raped McCutchen in her apartment.  MCutchen sued the landlord, Ten Associates, for failure to provide adequate security and failure to warn her of the risk of intrusion through the window.  Ten Associates claimed that they had no way of anticipating an intruder.  Evidence was introduced that revealed the landlord knew or should have known of a prior rape and numerous intrusions through apartment windows.  Does it appear that Ten Associates was negligent in providing for the security of tenants?

Leon A. Tashof operated a store known as the New York Jewelry Company. The store was located in an area that served low-income consumers, many of whom had low-paying jobs and had no bank or charge accounts. About 85 percent of the store’s sales were made on credit. The store advertised eyeglasses “from $7.50 complete,” including “lenses, frames and case.” Tashof advertised this sale extensively on radio and in newspapers. Evidence showed that of the 1,400 pairs of eyeglasses sold by the store, fewer than 10 were sold for $7.50; the rest were more expensive glasses. The Federal Trade Commission sued Tashof for engaging in bait-and-switch marketing, in violation of Section 5 of the Federal Trade Commission Act. a) Explain what a bait and switch is. b) Was Tashof’s conduct in this case ethical? c) Who wins, and why?

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.

Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have:   a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.

Please provide reaction on discussion below if you agree or disagree: William refrained from certain behaviors, as requested by his uncle, in exchange for a large sum of money. Since the executor of Story's estate refused to pay William, claiming that the contract lacked consideration, there is a theory of consideration that William can rely on. William can invoke the concept of forbearance, which he did by refraining from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he reached the age of 21. This act of forbearance on his part can be considered adequate consideration for the contract. In this case, even though refraining from liquor and tobacco has been beneficial for William's health, it can still be considered a legal detriment or forbearance for the contract. Considering the facts presented, William fulfilled his uncle's requirements, and Story acknowledged that William had fulfilled his part of the bargain. Based on this, there was valid…

William Carlton was the sole shareholder in ten New York City corporations, including Seon Cab Corporation.  Each corporation owned two taxicabs, and each cab was covered by the minimum $10,000.00 automobile liability insurance required under New York State law.  A taxicab owned by Seon Cab Corporation struck and severely injured John Walkovsky, who sued for damages.  Walkovsky named all ten corporations, Carlton individually, as well as the individual driving the cab that hit him, as defendants.  The plaintiff alleged that the corporations, although seemingly independent of one another, operate as a single entity, unit and enterprise with regard to financing, supplies, repairs, employees, and garaging.  The plaintiff asserted that the multiple corporate structure constituted an unlawful attempt to defraud members of the general public who might be injured by the cabs.  He sought to hold Carlton, the sole shareholder of each corporation, personally liable for his injuries. 1.  Is there…

Renee protests in front of a law firm's office building because she is convinced that one of the firm's lawyers horribly mistreated her. Renee tells a potential client who is entering the firm. "don't waste your time"; and she also implores that this person "seek another lawyer because the associate lawyer who represented me was and is a jerk." The potential client walks in anyway, as do many other customers. The law firm sues Renee and asks the court to grant injunctive relief that is, to stop Renee from protesting in front of its office building. Is the claim likely to succeed? O No, because the statement does not defame the business or prevent customers from being able to visit the business. Yes, because there is no absolute right to protest against a privately-owned business. O Yes, because the potential client unable to secure legal advice due to the protests. O No, because Renee has a First Amendment right to say whatever she wants about the business. O Yes, because Renee's…

Sam owes Nick $200,000. Sam goes to Chase bank to take out a loan of $200,000 so he can pay off his debt to Nick. Chase agrees to make the loan but breaches its contract with Sam. Sam then defaults on his loan to Nick. Nick sues Chase bank because they breached their contract with Sam. What is the probable outcome of Nick’s suit against Chase?

David hires Nell to auction off his grandmother's house and it's contents. Nell hires an auctioneer, rents a tent, advertises and does everything necessary to conduct a successful auction. When the auction is over, David refuses to pay for the auctioneer and advertisting expenses, claiming he never specifically authorized Nell to incur those expenses on his behalf. In her defense, Nell can claim that David gave her:     1)  Apparent Authority.   2)  Moral Authority.   3)  Implied Authority.   4)  Express Authority.