law 350 answering the questions

1.

Julian Whitmire and Benjamin Whitmire were brothers. Benjamin Whitmire married Olivia Whitmire. For four years, Julian performed various services for his brother and sister-in-law. During this time, Benjamin and Olivia purchased some land. Fifteen years later, in the presence of Olivia, Benjamin told Julian, “When we’re gone, this land is yours.” At that time, Julian had not done any work for Benjamin or Olivia for 16 years, and none was expected or provided in the future. Thirty years later, after both Benjamin and Olivia had died, Julian filed a claim with the estate of Olivia seeking specific performance of the earlier promise to give him the land. Does Julian get the property? Why? (1-2 paragraphs) (10 points)

2.Genaro Munoz owned property that he leased to Goodwest Rubber Corporation (Goodwest) for five years. The lease granted Goodwest the option to buy the property at a fair market value. Goodwest sought to exercise the option to purchase the property and tendered $80,000 to Munoz. When Munoz rejected this offer, Goodwest filed suit, seeking specific performance of the option agreement. The court was presented with a single issue for review: Was a price designation of “fair market value” definite enough to support an action for specific performance? Do you think Munoz acted ethically in refusing to honor the option? Who wins? Review Goodwest Rubber Corp. v. Munoz if you want. (1-2 paragraphs) (10 points)

3.. Review Ferguson v. Carnes. Next, outline the case by explaining the facts (what happened), the issue (what the court was trying to decide), decision (how the court decided the issue), and reasoning (why they decided the issue the way they did. Please organize your response with subheadings, like this: (10 points) Facts: … Issue: … Decision: … Reasoning: …

4.. Abdulaziz Almudaymigh, a part-time coin dealer, purchased a dime supposedly minted in 1916 at the Denver Mint; he paid nearly $450. The fact that the “D” on the coin signified Denver mintage made the coin rare and valuable. Abdulaziz sold the coin to Levy Coins, Inc. (Levy), a retail coin dealer, for $500. An customer of Levy Coins, Inc. examined the coin for 15 to 45 minutes prior to its purchase. Soon thereafter, Levy received an offer of $700 for the coin, subject to certification of its genuineness (“realness”) by the American Numismatic Society. When this organization labeled the coin counterfeit, Levy sued Abdulaziz to rescind the purchase of the coin. Can Levy rescind the contract? Why? (2 paragraphs) (20 points)

5..Judith and Donald Eckstein were married and had two daughters. Years later, Judith left the marital house in the parties’ jointly owned Volkswagen van with only the clothes on her back. She did not take the children, who were 6 and 8 years old at the time. She had no money, and the husband promptly closed the couple’s bank account. The wife was unemployed. Shortly after she left, the husband discovered her whereabouts and the location of the van and seized the van. The husband refused the wife’s request to visit or communicate with her children and refused to give her clothing. He told her she could see the children and take her clothes only if she signed a separation agreement prepared by his lawyer. The wife contacted Legal Aid but was advised she did not qualify for assistance.The wife was directed to go to her husband’s lawyer’s office. A copy of a separation agreement was given to her to read. The separation agreement provided that .the wife (1) give custody of the children to her husband, (2) deed her interest in their jointly owned house to the husband, (3) assign her interest in a jointly owned new Chevrolet van to her husband, and (4) waive alimony, support, maintenance, court costs, attorneys’ fees, and any right to inheritance in her husband’s estate. By the agreement, she was to receive $1,100 cash, her clothes, the Volkswagen van, and any furniture she desired. The wife testified that her husband told her over an interoffice phone in the lawyer’s office that if she did not sign the separation agreement, he would get her for desertion, she would never see her children again, and she would get nothing—neither her clothes nor the van. The wife signed the separation agreement.

Immediately thereafter, her clothes were surrendered to her, and she was given $1,100 cash and the keys to the Volkswagen van. The husband filed for divorce. The wife filed an answer seeking to rescind the separation agreement. Can she rescind the separation agreement? Why? (2 paragraphs) (20 points)

6. Marc Halpern met with Tihirah Levy, a loan officer with the Bank of Idaho to discuss borrowing money from the bank to start a new business. After learning that he did not qualify for the loan on the basis of his own financial strength, Marc told Tihirah that his former employer, Olivia Otto, of California, might be willing to guarantee the payment of the loan. Tihirah talked to Olivia, who orally stated on the telephone that she would personally guarantee the loan to Marc. Based on this guaranty, the bank loaned Marc the money. The bank sent a written guaranty to Olivia for her signature, but it was never returned to the bank. When Marc defaulted on the loan, the bank filed suit against the Olivia to recover on their guaranty contract. Is Olivia liable? Why? (1-2 paragraphs) (20 points)

7. Review Weitz Company, LLC v. Hands, Inc. Next, outline the case by explaining the facts (what happened), the issue (what the court was trying to decide), decision (how the court decided the issue), and reasoning (why they decided the issue the way they did. Please organize your response with subheadings, like this: (10 points) Facts: … Issue: … Decision: … Reasoning: …

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