Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 11, Problem 1Q
Summary Introduction

To discuss: Whether person B be held to the agreement.

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Charles and Nicolette went to Italy in November 2008, where Charles proposed marriage and presented Nicolette with a diamond ring. She accepted the proposal and the ring. On the same day, Nicolette asked Charles where he had purchased the ring. She became disappointed when he told her where he bought it, and she gave him back the ring, suggesting a different style she would like. He returned the ring to the jeweler and received a refund of $5,000. He then purchased a new ring for $12,000. Charles testified that near the end of November he “reproposed” and presented the second ring to Nicolette. The relationship soon soured and in late February 2009 Charles asked for the return of the ring. Contrary to Charles’ testimony that he gave the second ring as an engagement ring in late November, Nicolette testified that he gave the second ring to her a few days before Christmas as a holiday gift. [Miller v. Chiaia, 2011 WL 1367050 (Conn. Superior)] 1. Provide a paragraph with more than five…
Vinson had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally, Vinson's wife, Bethany, had enough of Vinson's gambling. Bethany entered into a written contract with Hyacinth, a gambling addiction therapist who agreed to treat Vinson twice a week for six months. The contract is signed in writing (by the contract parties. Bethany and Hyacinth; and, of course, also by the patient, Vinson). Vinson then begins his counseling. However, after two months. Bethany sees no improvement in Vinson's behavior. After all, her debit cards just got declined at the store, and when she confronted Vinson, he simply stated, "I lost $1,000 on the Miami Marlins last night." Bethany decides she is going to breach the contract, that is, to stop paying Hyacinth. What would a court most likely find, if Hyacinth sues Bethany to enforce the contract and make Bethany pay for the breach? O UCC Article 2…
If one party to a contract uses any form of unfair coercion to induce another party to enter into or modify a contract, the coerced party may avoid the contract on the basis of fraud. True O False
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