ACCT 601: Business Law
Chapter 9- Intro to Contracts
Uniform Commercial Code (UCC)
Governs sales of goods in all states except Louisiana
Overrules common law sales of goods
Sale= consists of the passing of title to goods from a seller to a
Chapter 11 Questions
Question 1: Barry should be held to the terms of the contract because it was not an existing
condition and he did not disclosee his eye infection to Anita. Anita is within bounds to request
to urge Barry to sign the contract within a
A. McCargo Chapter 16 Virtual Question:
Can Mary carry out this transaction over the objection of First Bank?
Provided the initial contract does not prevent an assignment of mortgage, yes she can
contractually carry out the transaction. However, it may no
Chapter 11 Virtual Problem:
If the contract was fully executed at noon that day, Sam is obligated to pay the $125,000.
What Arguments would Prof. Mass make?
o Sam agreed to the contract after the announced had been made.
o The press contract was public an
Chapter 13 Questions
The restraint of trade placed upon Wilson seems to be unreasonable. Considering the company
only sells to the Western region of Wisconsin, having the entire state off limits seems
excessive. However, agreement B seems reaso
Liability for tort connected with contract (p.270)
No, Anderson cannot receive anything from Michael because the contract that Michael entered
into was voidable because he was a minor. Because the tort and contract are intertwined the
Chapter 16 Questions:
Problem 1: Rights that Are Assignable (p. 310)
a) Euphonia is free to collect her payment from either Boito or Carter.
b) Delegation of Duties (p. 312) Euphonia cant delegate these duties to Dumont because
the performance of the sing
1. To what transactions does UCC Article 2 apply?
UCC Section 2-102: Unless the context otherwise requires, this Article applies to transactions in
goods; it does not apply to any transaction which although in the form of an unconditional
Uniform Probate Code
1. What title of the South Dakota statutes is entitled "Uniform Probate Code"?
2. What statute contains the general definitions used in the South Dakota Uniform Probate Code?
3. How is a "child" defined under t
A. List five differences between civil law (which includes tort law) and criminal law identified
by Dr. Ronald B. Standler in his essay, Differences between Civil and Criminal Law in the USA,
referenced in the Learning Activities.
A. To frighten Jake, Festus quietly approached Jake from behind and shook a rattle that very
much sounded like a rattlesnake. Jake became extremely frightened, thinking that he was
about to be bitten by a poisonous rattlesnake, but was not p
The U.S. Legal System
1. Which Article of the U.S. Constitution creates the:
a. Executive Branch? Article II
b. Legislative Branch? Article I
c. Judicial Branch? Article III
2. What Article of the U.S. Constitution describes the procedure for amending the
Stages of Civil and Criminal Proceedings
1. List and briefly explain each of the major stages of a civil proceeding, including starting the
case and pretrial, trial, and post-trial activities.
A civil case begins when a plaintiffs lawyer files a complaint
Saffold v. Conway
A. What is the issue to be decided by the court in this case?
In this case, the court must decide whether property owner Timothy Nagle was authorized as an
agent to sell his land and enter into a binding purchase agreement with the Saffo
Real Property Statutes
1. What title/chapter of the South Dakota statutes is entitled General Provisions And Classes Of
2. What are the two classes of property in South Dakota?
SDCL 43-1-2: Classes of property. Property is either:
Persche v. Jones
A. What is the name of the decedent in this action?
The decedent in this action is named Ernest Persche.
B. What year did Ernie Persche make his first will?
Ernie Persche made his first will On November 19, 1980.
C. Name the two primary b
1. What title/chapter of the South Dakota statutes is entitled "Uniform Partnership Act"?
2. What is the definition of a partnership in South Dakota?
SDCL 48-7A-101 (6): "Partnership" means an association of two or more per
Metzger v. Americredit
A. Briefly explain Theresa Metzger's claim against Americredit Financial Services, Inc.
Metzger sought an appeal from an order entered by the Superior Court of Clayton County
granting partial summary judgment to Americredit Financia
Level of Stress
Little/ Medium/ Much
finding new job
Lien v. Lien
A. What type of business entity did Pete Lien & Sons, Inc., operate when it was originally
founded in 1944?
Pete Lien & Sons, Inc. operated a partnership when the business was originally founded in 1944.
B. Who were the original three partner
1. How is a lien defined by statute in South Dakota?
SDCL 44-1-1: Lien defined. A lien is a charge imposed upon specific property by which it is
made security for the performance of an act.
2. How may a lien be created in South Dakota?
Lewis v. Aslesen
A. Generally describe the land that was in dispute in this civil action?
The land that was in dispute was a 16-foot-wide strip of land running between the Aslesens and
Lewiss residential lots in Canton, South Dakota.
Upon what legal th
Kevin Green was 16 years old when he purchased a Camaro automobile from Star Chevrolet.
Kevin paid $4,642.50 for the car. Star Chevrolet conveyed the title to the car to Kevin in Kevins
name. The question of Kevin's age was never raised or
Jacobson v. Gulbransen
A. What remedy did Jacobson seek against Gulbransens in this dispute?
Jacobson sought for the court to decree specific performance so that he would be awarded the
parcel of land he originally agreed upon and was promised t
Geraets v. Halter
A. Describe the two actions that Ernest Halter argues revoked his previous two offers to sell his land to
Patrick Geraets and Michael Geraets.
The two actions that Ernest Halter argues revoked his previous two offers to sell his land to
Wild Bill, Calamity Jane, and Poker Alice formed a general partnership in Deadwood, South
Dakota, to operate an Old West reenactment company. They filed a fictitious name statement
with the South Dakota Secretary of State, authorizing
Federal Employment Acts
Fair Labor Standards Act of 1938
The Fair Labor Standards Act of 1938 establishes minimum wage, overtime pay, record-keeping,
and child labor standards affecting full-time and part-time workers in the private sector and in
A. Briefly explain Fallsview Glatt Kosher Caterers, Inc.'s claim against Willie Rosenfeld.
Fallsviews claim against Rosenfeld is that the company operates as a catering business that
specializes in organizing and operating programs with various
Creating a Contract
A. What title of the South Dakota statutes is entitled "Contracts"?
B. What is the definition of a contract in this South Dakota?
SDCL 53-1-1: A contract is an agreement to do or not to do a certain thing.
C. What are the essen
Virginia Commercial Lease Agreement
This Commercial Lease Agreement ("Lease") is made and effective _ January 1, 2007_ by and between
_Sperry Van Ness_ ("Landlord") and _John Smith_("Tenant").
Landlord is the owner of land and improvements commonly known