I put the requirements for homework WA4 in the DOC file. WA4 has links with the contents of WA2 and WA3, so I have uploaded WA2 and WA3 together, and the format of the homework requirements. I hope you can read this information before writing WA4. Thank you.
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Written Assignment for Unit #4
Welcome. This is the fourth written (and final) assignment in BL
240. Before you begin the assignment, review that portion of the
course syllabus (see class webpage) dealing with Written
Assignments to ensure that you understand the format (cover page
plus no more than two type-written double spaced pages, content of
the cover page, Code of Honor statement, etc.). You will be graded
both on your response to the assignment and on having followed the
directions (format). Remember that verbiage will not be rewarded but
the thoughtfulness and thoroughness of your response will be.
Remember, also, that the object is for you to show me that you
understand the material in Unit 4 and can apply it to a specific fact set.
Written Assignment #4:
As noted in WA3, Kyle took your advice and decided not to spend the
money to fight for his claim to KFC.com as the domain name for his
new product line, Kyles Fiery Condiments and has reorganized the
company as Alabama Sunshine, LLC. Kyle, however, does want to
continue the move of his business to the next level of operations and
he wants to complete the expansion by constructing of a new store in
Fairhope, AL. Recall that Kyle hired Agnes as his agent to contact
Sam, negotiate a price, and, if possible, buy Sams property; however,
Kyle instructed Agnes to not tell Sam that she was working on behalf
of Kyle. Unfortunately, Agnes realized that Sams property was an
exceptionally good deal and bought the property for herself, not Kyle
as agreed. Kyle has gotten over his anger and wants to move on with
the construction of the new building on Redacre (the Agnes/Sam
parcel of land).
Agnes acquired Redacre from Sam in fee simple absolute and
proposes to convey Redacre to Kyle with a right of reverter
(reversionary interest) as the location for Kyle’s new store. The
proposed conveyance would be a defeasible fee (fee simple
defeasible) with the condition that, should Kyle fail to construct and
open his store on Redacre within twelve months or should Kyle cease
to use Redacre as a site for his store at any time in the future, then
Redacre would belong to the City of Fairhope to use as a park. Agnes
also mentions that she will not transfer mineral rights to Kyle and
intends to transfer those to her daughter, Angel.
Kyle likes Redacre because it is located within the city limits of
Fairhope, has a beautiful stream running through it, is close to retail
sales and residential areas, and is large enough for not only his store
but also processing and production facility. Eager to move forward, he
tells Agnes that he will accept her terms. They shake hands on the
deal and he gives her a check as a deposit.
All this sounds pretty complicated to Kyle and he is growing nervous
about this deal. His knowledge is in growing, processing, and
marketing produce, not real estate transactions and land transfers.
Knowing that you are (successfully?) completing BL 240 and have
studied land-use control and real property, Kyle turns to you for
counsel. He is also concerned about any other problems that he
should consider in this transaction or relating to the construction of the
new business location. What are the legal issues and how would you
advise Kyle? Kyle also mentions that a customer of United Nutrition
Associates (UNA—recall WA2) is complaining that his holiday pack
did not provide the health benefits that she would expect from
organically grown produce. The family has filed a complaint with the
federal government and is now threatening a lawsuit. Kyle wants to
know what the legal issues are and how he should respond. What are
the issues that must be addressed and what is the controlling law for
Note: As with all Written Assignments, WA4 has a point value of 25
points. This is to be your own work with no help offered, given, or
accepted as per our Class Code of Honor.
To help you organize your thoughts, I suggest that you read the fact
set; decide which facts are relevant and which are merely verbiage;
based on the information in Unit 4; decide which legal information is
relevant to the facts; then state the legal issue, state the general rule
of law that applies to that legal issue, apply the law to the facts, and
go to the next legal issue.
Also note that your response to this assignment is to be submitted via
the Written Assignment Dropbox.
Written Assignment 1
I declare and affirm that the work submitted for this assignment is my own work product
from my own labor, efforts, and endeavors, and that I did not receive, seek, offer, or accept
unauthorized aid or assistance or use of the work product of another, unless otherwise so
stated fully and completely herein.
Were shipping terms included in the contract with ABF?
If shipment terms were not agreed upon in the contract, the risk of loss depends on if the seller is
a merchant or a nonmerchant. If the seller is a merchant, the risk of loss passes to the buyer
when the goods are actually received. If the seller is not a merchant, the risk of loss passes when
the seller makes the goods available to the buyer.
What shipping terms were in place with the goods that were shipped to ABF?
Title of goods passes from the seller to the buyer in an FOB shipment contract when the seller
delivers the goods to the carrier. Title of goods passes from the buyer to the seller in an FOB
destination contract when the goods have arrived and are available to the buyer for pick up and
the buyer is notified of their availability.
Since all of the goods werent damaged did the store manager have a right to ship them
The buyer has the right to return some or all of the goods in a sale or return contract. In a sale or
return contract, the buyer bears the expense and risk of return for the goods they are unsatisfied
with. More specifically, the buyer can reject the full shipment, accept the shipment and seek
damages for the goods, or accept the goods that conform to the contract and reject the goods that
do not conform to the contract.
Is the transaction considered canceled after ABF sent the goods back?
If a buyer rejects goods, the seller is given an opportunity to deliver goods that conform to the
contract, also known as right to cure. The seller only has the time remaining in the contract to
replace the goods, and the seller needs to notify the buyer in a timely manner that they are
sending different goods to them. In some cases, right to cure can still occur if the time has
already expired through the contract. Additional time may be allowed if: the seller notifies the
buyer and the seller reasonably thought that the initial goods sent would have been acceptable to
Does a contract exist between Kyle and the CEO of ABF?
In order for a contract to exist there has to be an offer and an agreement. Under Article 2,
acceptance can be through any medium that is reasonable under the given circumstances. In this
case, the answering machine message will not suffice because the contract is for over $5,000.
The statute of frauds states that contracts over this amount must be written.
What did Kyle promise Scooter?
Since a certain condition must be met in order for Scooter to receive the gift, this is a conditional
gift. For this to be considered an oral contract, this bonus will have to be less than $5,000.
What should Kyle do when the CEO calls to make sure the goods will be delivered?
After the setbacks caused by the power outage and the plant contamination, Kyle should
probably call for an anticipatory repudiation. This just means that he must provide ABF with a
record that he will not be able to perform the duties of the contract.
Written Assignment for Unit #2
Welcome. This is the second written assignment in BL 240. Before you begin
the assignment, re-read that portion of the course syllabus (see Modules>Getting
Started>Syllabus) dealing with Written Assignments to ensure that you
understand the format (cover page plus no more than two type-written double
spaced pages, content of the cover page, Code of Honor statement, etc.). You
will be graded both on your response to the assignment and on having followed
the directions (format). Note: The legal issues in WA2 may cover any of the
material in Unit 2 plus may include secondary (minor) issues from Unit
1. Remember that verbiage will not be rewarded. Listing the issues and the
controlling law for each is fine. The object is for you to show me that you
understand the material in Unit 2 and can apply it to a specific fact set.
Written Assignment #2: Kyle is looking to move Alabama Sunshine to the next
level. His canned and dried produce lines are growing but he wants to push his
new hot sauce, salsa, and condiment lines. He sees the organically grown
produce operation as gaining a solid, well-rooted consumer base; however, Kyle
wants to expand beyond seasonal produce. He needs a way to communicate an
identity for his new products and, after considerable thought, settles on the
name Kyles Fiery Condiments, a name that Kyle believes will stick to the plates
and palates of his patrons. Kyle has successfully gotten the hot sauce, salsa,
and condiment lines into the United Nutrition Associates (UNA) grocery stores in
Huntsville, Madison, and Birmingham, AL, and has placed red and white
billboards along I-22 in Alabama and US 43 in Tennessee advertising his new
products; his original market in Weston, AL; and his new company website
(KFC.com). The slogan of his new venture, which he uses in radio and TV ads,
is KFC, your assurance of farm fresh, family-focused, affordable food. Shortly
thereafter, Kyle received a certified letter from a well-know, nation-wide chain
restaurant, Kentucky Fried Chicken (KFC), alleging harm to its business
interests, including infringement of and dilution of its trademark and trade name.
Undeterred and determined to put some spice into his profit margin and give
customers a new taste, Kyle decided to kick off the upcoming Thanksgiving
holiday season by introducing a variety pack of his hot sauce, salsa, and
condiments, spicy enough to take the chill out of the air, calling it the KFC
Holiday Pack. The variety packs are now stocked in all of UNAs grocery stores
and prove to be so successful that the stores quickly sell out and UNA wants
more of Kyles variety packs. UNAs chief financial officer (CFO), Candace B.
Ritenoff, calls Kyle promising to buy all of the KFC Holiday Packs that Alabama
Sunshine can produce within the next 30 days and promises to mail a deposit of
$10,000 immediately to seal the deal. Unfortunately, Kyle was out-of-town,
having decided to celebrate the forthcoming holiday season early by touring
the Mobile Bay area to relax and look for new business opportunities. The CFO
left the offer on Kyles office phone voice mail and Kyle did not get the message
until a week later when he returned to Weston. He immediately called Scooter,
his production manager, telling him to crank up production of the variety packs by
running the plant 24 hours a day, seven days a week, and promising Scooter
a hefty bonus if UNAs needs are met. The sudden activity, promise of the
bonus, and associated pressures caused Scooter to relapse back to his old habit
of substance abuse, requiring that he be admitted to a residential detox facility in
Savannah, TN, but not before he had gotten the revised production schedule
operational at the plant.
Kyle is concerned about the letter from the restaurant company, doesnt want to
get in a protracted and costly legal battle, and comes to you, his faithful college
friend, for counsel. Kyle mentions that, after telling his farm field production
workers about restaurants letter, some of them threw overripe tomatoes and
cabbages at passing KFC trucks, causing one of the drivers to run off the
highway, striking several utility poles. Kyle is also concerned that, since he has
contracts with AubumAdvantage Advertising for the billboards and WLEO
radio station for on-air commercials, he could wind up losing a lot of money. As
a passing comment, Kyle mentions that he also has a contract with Crimson Tide
Computer Services for the maintenance of the Alabama Sunshine/Kyles Fiery
Condiments website and asks your counsel about the offer from UNAs CFO and
whether he may have to pay Scooter the bonus as promised.
Written Assignment for Unit #3
Welcome. This is the third written assignment in BL 240. Before you begin the
assignment, review that portion of the course syllabus (see class webpage)
dealing with Written Assignments to ensure that you understand the format
(cover page plus no more than two type-written double spaced pages, content of
the cover page, Code of Honor statement, etc.). You will be graded both on your
response to the assignment and on having followed the directions (format).
Remember that verbiage will not be rewarded but the thoughtfulness and
thoroughness of your response will be. The object is for you to show me that you
understand the material in Unit 3 and can apply it to a specific fact set. List the
issues to be addressed and state the controlling law for each issue that you find.
Written Assignment #3: Kyle took your advice and decided not to spend the
money to fight for his claim to KFC.com as the domain name for his new
product line, Kyles Fiery Condiments. Kyle, however, does want to continue the
move of his business, Alabama Sunshine, to the next level of operations. His
produce marketing efforts in Hamilton and surrounding areas in Alabama and
into Mississippi and Tennessee have proven to be very successful. He now
wants to expand to other choice locations in areas that he likes to visit, namely
the beach and resort areas along the Gulf Coast of Alabama and Florida
between Mobile, AL, and Panama City, FL. Kyle has found a possible location to
construct a new store in Fairhope, AL. The property is owned by Sam. Since
Kyles business is successful and people throughout Alabama and abutting
States know of Kyle and of Alabama Sunshine, Kyle hires Agnes to contact Sam,
negotiate a price, and, if possible, buy Sams property. Concerned that, if Sam
knows that he (Kyle) wants the location, the price will increase, Kyle instructs
Agnes to not tell Sam that she is working for Kyle. During negotiations with Sam,
Agnes realizes that Sams property is a good deal, an exceptionally good deal,
and buys the property for herself, not Kyle as agreed. Kyle is angry, very angry,
and wants to know what he can do.
Respecting your knowledge of business law, Kyle comes to you for advice. What
are the issues and how would you advise Kyle? During the conversation, Kyle
mentions that Alabama Sunshine is operated as an informal partnership between
himself and his uncle, who has pretty much retired from management of the
business. He asks you about the advantages and disadvantages of a partnership
and whether he should change the business to some other business structure. If
so, which one would be the most advantageous? In passing he notes that the
farm worker that he refused to hire back during the peak season (remember
WA1) has now filed an employment discrimination (national origin) charge
against him personally and against Alabama Sunshine and Kyle wonders what
the procedure is for such charges.
Note: As with all Written Assignments, WA3 has a point value of 25 points. This
is to be your own work with no help offered, given, or accepted, unless you so
state, as per our Class Code of Honor.
To help you organize your thoughts, I suggest that you read the fact set; decide
which facts are relevant and which are merely verbiage; based on the information
in Unit 3; decide which legal information is relevant to the facts; then state the
legal issue (relevant facts), state the general rule of law that applies, apply the
law to the facts and then go to the next legal issue.
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