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 2Q

a)

Summary Introduction

To discuss: The result of the incident.

b)

Summary Introduction

To discuss: The result if person J paid $100000 for property in 2013.

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Elizabeth goes shopping at Marshalls’s on Wednesday and sees a very expensive piece of furniture costing $70,000. It is an antique, so there are no others like it for sale. Elizabrth wants to get her spouse’s approval before buying it. Elizabeth gives Marshalls’s $2,500 to give her the right to buy the antique until Saturday at noon. Elizabeth took pictures of the piece, and she returns with her spouse on Friday to buy the furniture. Marshalls’s apologizes and says they mistakenly sold the piece to another customer and gives the $2,500 back to Elizabeth. Elizabeth  sues Marshalls’s for additional damages. What is the probable outcome of Elizabeth’s lawsuit?
Norma English made an offer to purchase a house owned by Michael and Laurie Montgomery (Montgomery) for $272,000. In her offer, English also proposed to purchase certain personal property—paving stones and a fireplace screen worth a total of $100—from Montgomery. When Montgomery received English’s offer, Montgomery made many changes to English’s offer, including deleting the paving stones and fireplace screen from the personal property that English wanted. When English received the Montgomery counteroffer, English accepted and initialed all of Montgomery’s changes except that English did not initial the change that deleted the paving stones and fireplace screen from the deal.Subsequently, Montgomery notified English that because English had not completely accepted the terms of Montgomery’s counteroffer, Montgomery was therefore withdrawing from the deal. That same day, Montgomery signed a contract to sell the house to another buyer for $285,000. English sued Montgomery for specific…
Martha sells goods to James for $25,000. Martha assigns her right to receive the $25,000 to XYZ Finance James refuses to pay XYZ the $25,000. James makes two arguments for not paying. First James claims that XYZ has no privity of contract and that XYZ is not a third-party beneficiary of its contract with Martha. Second – James claims that the goods were worthless. Assume that the goods were worthless. You are the judge. Who wins and why? Address both arguments that James makes.
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