Law and the legal system

Law and the Legal Systems

Weekly Questions

Given the factual record, Searles does not have a contract with St. Joseph's college. Nothing was ever presented and signed in writing.

In this case, Zehmers should say that he was intoxicated when this situation took place and that he was not mentally capable of making a clear contractual decision. In this case, Zehmers should win the suit, because Lucy took advantage of the situation and should not have made contractual agreements in a bar on the back of a napkin. Lucy knew that Zehmers was drunk and not mentally capable of making such decisions.

No, Walters is not entitled to the automobile if no order of drawing was announced. The order may have been written before the contest began. The order of prizes awarded sign was also posted prior to the drawing, so Walters is not entitled to the automobile.

Yes, because the contract was signed.

Yes, the contract will be upheld. The worker's agreed to a specific pay before they began the job and unless a raise was stated somewhere in the contract, they will not receive it. So, the contract will be upheld in this situation.

9. No. The girl (or her family) should have researched the item before taking it to the jeweler. Once the stone was sold for $1, it legally belonged to the jeweler who purchased the stone. The girl could receive the stone back only by purchasing it back from the jeweler.

Week 7

3. The judge should rule in favor of Reddell. Although the boys agreed not to shoot above the waist, an accident still occurred which caused damaged. There was no negligence because both boys agreed on shooting each other.

7. The issue raised in this case is to determine who is actually at fault. To resolve the situation, the judge should hear both sides of the case and determine if the roof indeed collapsed as a result of the storm or if it was poor workmanship from the defendant.

8. The main issue in this case is to determine if the death was caused by the automobile accident or as a result of excessive drinking. If the coroner ruled the cause of death was delirium tremens, then this is because of the alcohol consumption. The defendant could only be considered guilty in this case if it was proved that the cause of death was caused by the collision or the automobile accident.

11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.

Week 8

5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless they actually signed it over to Hoelzer's possession.

6. The Kapiloff's are still the original owner of the stamps. Although they were purchased in an antique store by another person, chances are the Kapiloff's have some sort of documents for the stamps that declares them the owner. Granter's original idea was to purchase the dresser, and not the stamps. So, Granter is the owner of the dresser, but the Kapiloff are still the owners of the stamps.

8. No, this ordinance does not constitute a taking of the hotel's property by the district. As long as the taxi cab stand is on the hotel property, the hotel can determine how the stand is operated and they would have final decision making options about the stand. The hotel can choose to lease out their property, but whoever leases the property must abide by hotel rules and regulations.