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LEGL 4400 pt 1. questions with complete solutions 2024
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LEGL 4400 pt 1. questions with complete solutions 2024
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LEGL 4400 pt 1Owen telephones an order to Hillary's store for certain goods, which Hillary
delivers to Owen. Neither party says anything about the price or payment
terms. What are the legal obligations of Owen and Hillary - correct answer
✔Implied Contracts. Owen and Hillary's agreement deals in goods, so the
contract falls within the UCC. Omission of a stated price would require
payment of a "reasonable" price with full payment being made when
possession of the goods is obtained
Jonathan writes to Willa, stating "I'll pay you $150 if you reseed my lawn."
Willa reseeds Jonathan's lawn as requested. Has a contract been formed? If
so, what kind - correct answer ✔Unilateral Contracts. Yes, this is an example
of a unilateral contract. Jonathan's writing to Willa is an offer which is
accepted when Willa reseeds the lawn. Jonathan must pay $150 to Willa.
Anna is about to buy a house on a hill. Prior to the purchase she obtains a
promise from Betty, the owner of the adjacent property, that Betty will not build
any structure that would block Anna's view. In reliance on this promise Anna
buys the house. Is Betty's promise binding? Why or why not? - correct
answer ✔Promissory Estoppel. There is no contract. The essential elements
of a contract are not present. However, the doctrine of promissory estoppel
may be applicable. If a jury finds that Anna acted reasonably in reliance on
Betty's promise, Betty's promise will be enforceable.
Mary Dobos was admitted to Boca Raton Community Hospital in serious
condition with an abdominal aneurysm. The hospital called upon Nursing Care
Services, Inc., to provide around-the-clock nursing services for Mrs. Dobos.
She received two weeks of in-hospital care, forty-eight hours of postrelease
care, and two weeks of at-home care. The total bill was $3,723.90. Mrs.
Dobos refused to pay, and Nursing Care Services, Inc., brought an action to
recover. Mrs. Dobos maintained that she was not obligated to render payment
in that she never signed a written contract, nor did she orally agree to be liable
for the services. The necessity for the services, reasonableness of the fee,
, and competency of the nurses were undisputed. After Mrs. Dobos admitted
that she or her daughter authorized the forty-eight hours of postrelease care,
the trial court ordered compensation of $248 for that period. It did not allow
payment of the bal - correct answer ✔Quasi-Contract. These circumstances
establish a contract implied in law or "quasi contract," which is imposed by law
to prevent the unjust enrichment of one party at the expense of another. The
principle of quasi contract is frequently applied in the area of work performed
or services rendered, although liability is generally imposed only when the
person for whose benefit the services were rendered requested them or
knowingly and voluntarily accepted their benefits. Emergency aid, however, is
an exception. In the present case, the services provided to Mrs. Dobos in the
hospital were essential to her health and safety, and she was unable to
consent to receiving them. Nursing Care Services, Inc., acted with intent to
charge for the services and had no reason to know that Mrs. Dobos would not
agree. Given these circumstances, the in-hospital services clearly fall within
the emergency aid exception. As for the two weeks of at-home care, Mrs.
Dobos knowingly and voluntarily accepted the benefits conferred, and thus
obligated herself to pay for the reasonable value of the services. Nursing Care
Services, Inc. v. Dobos, 380 So.2d 516, (Fla. 4th DCA 1980).
Helvey brought suit against the Wabash County REMC for breach of implied
and express warranties. He alleged that REMC furnished electricity in excess
of 135 volts to Helvey's home, damaging his 110-volt household appliances.
This incident occurred more than four years before Helvey brought this suit. In
defense, REMC pleads that the Uniform Commercial Code's Article 2 statute
of limitations of four years has passed, thereby barring Helvey's suit. Helvey
argues that providing electrical energy is not a transaction in goods under the
U.C.C. but rather a furnishing of services that would make applicable the
general contract six-year statute of limitations. Is the contract governed by the
UCC? Why? - correct answer ✔Uniform Commercial Code. Judgment for
REMC. To be within the U.C.C.'s definition of a good, electricity must be (1) a
thing, (2) existing, and (3) movable, with (2) and (3) occurring simultaneously.
Electricity can be measured in order to establish a purchase price by the
amount of current which passes through the meter, thus fulfilling the existing
and movable requirements. Also, it is legally considered personal property,
subject to ownership, and may be bartered, sold, and, in fact, stolen.
Therefore, the sale of electricity is a sale of goods subject to U.C.C.'s Article
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