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Hypothetical
#1: Slip and Fall
A
customer slips and falls on ice on the sidewalk in front of Sarah’s
store. Sarah had shoveled the snow when she arrived early in the
morning but was letting the sun melt the rest of the snow during the
day. The customer was an elderly lady who was wearing slippers that
had no traction.
Question
#1: (1 point)
What
tort should the customer bring against Sarah?
Question
#2: (3 points)
Explain
Sarah’s best legal defense.
Question
#3: (3 points)
Who
do you think will win? Why?
Question
#4: (3 points)
Assume
that the case went to trial and the jury found Sarah 75% at fault and
the customer 25% at fault for the customer’s injury. The jury
found the customer suffered $10,000 in compensatory damages. How much
does Sarah have to pay the customer? Explain your reasoning.
Hypothetical
#2: Crime and Punishment
Terry
Troublemaker works as a real estate agent helping people buy and sell
homes in Denver. Realizing that people do not read contracts, Terry
increases her fees beyond industry standards and adds terms requiring
buyers to give her the right of first refusal when they decide to
sell their house in the future at the price they bought it for. In
other words, they are not allowed to sell or transfer ownership of
their house without giving her the opportunity to buy it first
without making a profit. The contract also requires buyers to pay
money for what Terry claims is a tax, but is really just a deposit
into her private account.
Question
#5: (1 point)
What
crime(s) has Terry committed?
Question
#6: (3 points)
Terry’s
customer Carla discovered the right of first refusal provision when
she tried to sell her home. What defense(s) does she have against the
enforcement of this contract provision?
Question
#7: (3 points)
Carla
sues Terry and the real estate company she works for. Who do you
think will win? Why?
Question
#8: (3 points)
What
legal liability does the real estate company have for Terry’s
actions? Why?
Hypothetical
#3: Business Formation
Two
friends, Amber and Johnny, form an accounting firm. When deciding on
what business entity they should use, they are especially concerned
about losing personal assets if they are sued for their professional
services. They are also concerned about income and taxes as they are
just starting their careers and are on a tight budget.
QUESTION
#9:
(5 points)
What
business entity should they use? Why? (Note: to receive full credit
you need to analyze all the types of business organizations discussed
in chapter 16.)
Question
#10: (5 points)
Amber
and Johnny have a falling out and decide not to work together any
more. Explain the process of dissolving the business entity that you
chose in answer to Question #9. What considerations and possible
issues must they address? Please explain your reasoning fully.
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