Business Law Take Home Exam
- James L. Strickland paid an unsolicited $2,500 bribe to Judge Sylvania W. Woods so that the judge would be lenient on a friend of Strickland’s who had a case pending before Judge Woods. Paying a bribe to a government official is a crime. Judge Woods reported the incident and turned the money over to the state’s attorney general. The state of Maryland indicted Strickland for bribery and sentenced him to four years in prison. Strickland filed a motion to recover the $2,500 from the state. Can Strickland recover the money?
James Halbman, Jr., a minor, entered a contract to purchase a 1968 Oldsmobile automobile from Michael Lemke. Halbman paid $1K cash; agreed to pay $25/week until paid. Five weeks later, the connecting rod on the vehicle’s engine broke, Halbman took it to a garage, it was repaired at a of cost $637.40. Halbman refused to pay repairs, disaffirmed contract w/ Lemke, notified Lemke where the car was located. The Garage legally satisfied garageman’s lien by removing vehicle’s engine, and towed it to Halbman’s residence. Halbman notified Lemke to remove it, Lemke refused. Subsequently the car was vandalized and rendered worthless and unsalvageable. Halbman sued to disaffirm contract and recover consideration from Lemke. Lemke argued Halbman must make full restitution. Who is correct?
4.Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry, in Betty’s absence in court, stated that she had lucid intervals from her alcoholism, had been sober for two months, and was lucid when she signed the settlement agreement on September 22, 1978. Betty moved only to vacate the settlement agreement on September 27, 1978, and after she had retained present legal counsel. On January 23, 1979, Betty was declared incompetent to handle her personal and her affairs, and a guardian and conservator was appointed. Betty, through her guardian sued to have settlement agreement voided. Who wins?
5.Manzelle Johnson, who had been adjudicated insane, executed a quitclaim and warranty deed conveying real estate she owned to her guardian, Obbie Neal. Neal subsequently conveyed the real estate to James R. Beavers by warranty deed. Charles L. Weatherly, Miss Johnson’s present guardian, brought this action seeking a decree of the court that title to the real estate be restored to Miss Johnson because of her inability to contract. Should Miss Johnson be allowed to void the contract?
7.Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow employed Ralph Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labor, materials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work. Gough’s employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained, and evidence showed that it was not due to Chuckrow’s fault or a deficiency in the building plans. Chuckrow told Gough that he would pay him to reerect the trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover?
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