Profissional in Law 2 discussions and 2 assignments

resource

chapter 19

Discussion 1

Introduction
Contract Enforceability

Schreiner, a cotton farmer, agreed over the telephone to sell 150 bales of cotton to Loeb & Co. Schreiner had sold cotton to Loeb & Co. for the past five years. Written confirmation of the date, parties, price, and conditions was mailed to Schreiner, who did not respond to the confirmation in any way. Four months later, when the price of cotton had doubled, Loeb & Co. sought to enforce the contract. Schreiner argues that he is not a merchant.

Initial Post
Respond to the following:

• Is the contract enforceable?
• Why does Schreiner argue that he is not a merchant?
• Does the four month time span affect the contract’s enforceability?

Secondary Posts
Do you agree with the posting of your peers? If not, why not? If so, did they provide additional support you may not have previously considered? Did you gain any new learning from reading the posts of your peers? Were you swayed in any way to alter your initial opinion?

Writing Requirements

• Initial Post Length: minimum of 250 words
• Secondary Post Length: minimum of 200 words per post
• Using APA format, provide at least one citation with corresponding references page and use appropriate in-text citation(s) referring to the academic concept for the initial post.

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Resources
chapter 19

Discussion 2

Introduction
Taking Sides
Terminal Grain Corporation brought an action against Glen Freeman, a farmer, to recover damages for breach of an oral contract to deliver grain. According to Terminal Grain, Freeman orally agreed to two sales of wheat to Terminal Grain of four thousand bushels each at $6.21 a bushel and $6.41 a bushel, respectively. Dwayne Maher, merchandising manager of Terminal Grain, sent two written confirmations of the agreements to Freeman. Freeman never made any written objections to the confirmations. After the first transaction had occurred, the price of wheat rose to between $6.75 and $6.80 per bushel, and Freeman refused to deliver the remaining four thousand bushels at the agreed upon price. Freeman denies entering into any agreement to sell the second four thousand bushels of wheat to Terminal Grain, but admits that he received the two written confirmations sent by Maher.

Initial Post
Respond to the following:

• What arguments support considering Freeman to be a merchant who is bound by the written confirmations? -OR-
• What arguments support considering Freeman not to be a merchant seller and thus not bound by the written conformations?
• In your opinion, who would prevail?

Secondary Posts
Do you agree with the posting of your peers? If not, why not? If so, did they provide additional support you may not have previously considered? Did you gain any new learning from reading the posts of your peers? Were you swayed in any way to alter your initial opinion?

Writing Requirements

• Initial Post Length: minimum of 250 words
• Secondary Post Length: minimum of 200 words per post
• Using APA format, provide at least one citation with corresponding references page and use appropriate in-text citation(s) referring to the academic concept for the initial post.

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ASSIGNMENT !

• Page 342 Commerce & Industry Company v. Bayer Corp
• File (PDF): Presentation (Cengage 13e) – Chapter 19 (in Course Documents)

Activity Instructions
Your assignment is to provide a briefing for this case. A brief is usually written by a researcher or a paralegal to the attorney who is preparing for trial or writing a case brief. Your job then is to explain what the case you have researched is about. Copying and pasting the case will not work since the attorney will tell you that he or she can then just read the case and not use your services. For this assignment, you will need to summarize the decision of the court where the court applies the law to the facts to support and arrive at its decision. Your brief will have the following components of Case, Facts, Issue, Holding and Rule. Once those details are in you will then move to the application or analysis. Use the following detail points as your form your briefing:

1. Case: Put the name of the case here along with the case citation. The citation will look something like 31 Ohio App. 456 (1978). That indicates the case can be found in volume 31 of Ohio Appeals, page 456. The case was decided in 1978. There may be some variation whether it is a federal case or another state.
2. Facts: Put the facts of the case here so that the reader has a good understanding about the case. The reader that you are writing the brief to may have something in mind that has not been told to you. Therefore, all that is pertinent to the facts should be included. Make sure that it is a summary and not a cut and paste from the actual case. Part of the facts includes the claims of the parties and the decision of the lower court.
3. Issue: At times, the issue or issues will be specifically spelled out in the case. Other times, you may have to search for the issue. The issue is usually written with the word “whether” in the beginning. Such as, “Whether, the lower court’s decision granting summary judgment to the defendant is supported by the evidence that plaintiff failed to prove the element of a meeting of the minds between the parties.”
4. Holding: This is the decision of the court that wrote the decision that you are briefing. Typically, the holding is a short statement: “The court affirmed the lower court’s decision of summary judgment for the defendant”.
5. Rule: All cases are determined upon the facts, the law and how the law is applied to the facts. We started with the facts above. This section here should set forth only the law that the court uses in making its decision.

Application or Analysis: This is the section where you summarize the decision of the court where the court applies the law to the facts to support and arrive at its decision.

Dissent and/or Concurrence: Omit either of these. Most if not all the cases do not have either one. If there is a dissent, it will be recorded as a dissent and written by another justice disagreeing with the majority decision. I am not that interested in seeing it in your brief.

Writing Requirements (APA format)

• 2 pages (approx. 300 words per page), not including title page or references page
• 1-inch margins
• Double spaced
• 12-point Times New Roman font
• You must use at least two in-text citations with corresponding outside sources (references) in your paper
• References page

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ASSIGNMENT 2

Resources
Read/review the following resources for this activity:

• Textbook: Chapter 19 (p. 344-345)
• File (PDF): Presentation (Cengage 13e) – Chapter 19 (in Course Documents)

Introduction
Business Start-Up
By the end of the semester you should have learned the basics (legally speaking) to starting a business. Each week we will focus on one step in this process. Let’s use the scenario below to get started:

You are an entrepreneur and you desire to start a new business selling wine wholesale to retail establishments. Since you do not have the expertise in wine, you believe that it is best to purchase a franchise from Maumee Valley Wines, Inc., a franchisor of California wines. Maumee Valley values its franchisees and insists that each franchisee sell only its product and report on a periodic basis franchisee’s sales and inventory. Maumee Valley also requires that the franchisee prepare contracts, develop a relationship with a banking institution, develop a sales force and establish itself as either a corporation or a limited liability company before entering into a franchise agreement.

Activity Instructions
Your first duty is to draft a form sales contract between your company, Wholesale Wine, LLC, and your customers.

Writing Requirements (APA format)

• 2-3 pages (approx. 300 words per page), not including title page or references page
• 1-inch margins
• Double spaced
• 12-point Times New Roman font
• Title page with topic and name of student
• You must use at least two in-text citations with corresponding outside sources (references) in your paper
• References page