Posted: July 13th, 2022

Liquidation Company Assignment | Homework For You

We are a business majored graduate student. The course is “business law”, but we are learning basic level of law such as tort, negligence and agency problems. Please consider this when you write the answers. Please use one inch margins and no less than 11 point font. Limit your answers to 2 pages total (no, not 2 pages per question – 2 pages total.) Do not include the questions, only the answers, on your submission. Answer the five following questions according to the CIRA (Conclusion-Issue-Rule-Analysis) format.

1. Beth is an employee of BrightWater, Inc. While delivering a truckload of water jugs to a local retailer, Beth decided to stop at her bank to deposit her paycheck. The bank is two blocks from the retailer and it takes approximately 10 minutes to deposit a check. While Beth was in the bank, the truck rolled down the street (because Beth forgot to set the parking brake.) The truck crashed through the window of a Whole Foods, hurting three people and causing $200,000 in damage. Discuss who is liable for the damages and why.

2. Sarah owned a broken motorcycle and was negotiating the possible sale of it to Helena for $850. Sarah authorized Helena to act as her agent for the purpose of obtaining three bids to have the repair work done (so that Sarah could then decide whether the repair was affordable). Instead, Helena represented to Garage, Inc. that she had authority form Sarah to obtain the repair on behalf of Sarah, as long as the cost of the repair did not exceed $350. Helena did not get any other bids and ordered the work to be done by the Garage. Garage did the work for $640, released the bike to Helena, but has not been paid. Helena is insolvent. Who, if any one, is liable for the repair bill?

3. Brent’s grandmother died and left him everything. He took what he wanted from his grandmother’s house then hired a liquidation company (“LC”) to sell the house and all its remaining contents. LC advertised the auction in several newspapers and in signs put around the town, rented a tent to erect next to the house to house several large furniture pieces for easier haul-away for purchasers, and generally did all the stuff that liquidators do to conduct a successful auction. On the day of the auction, all went well, and everything sold. A week later, LC sent Brent the proceeds (minus LC expenses and the agreed upon commission) and Brent became furious. “You hired an auctioneer? You rented a tent? You took out ads and bought signs? I never gave you permission to do any of that and I’m not paying for it! You get the agreed upon commission and not a cent more.” Is Brent right to be furious? Focus on whether the liquidation company is an agent, independent contractor, or both.

4. Dwight was recently employed as a buyer for D-M Inc – a paper distributor. Dwight had worked for various other paper companies previously and was well known throughout the industry. Recently D-M wanted to buy 1000 reams of 60 pound paper and instructed Dwight to obtain prices for it. Dwight contacted Paper, Paper, Paper! Inc. and inquired about the price and availability of such paper. He then informed D-M of what he found out and D-M told him to make the purchase. Dwight called Paper, Paper, Paper! and told them he wanted the 1000 ream at the quoted price. He never mentioned D-M in any way to person he spoke to at Paper, Paper, Paper! Paper, Paper, Paper! then delivered the paper to the address given by Dwight (which was the address of D-M’s warehouse.)

When the paper arrived at the warehouse, Dwight looked at the invoice (which had his name on it as the entity ordering the paper) and then called Paper, Paper, Paper! and informed them that the paper was for D-M and they should correct the invoice to reflect it. The Paper, Paper, Paper! person shrieked upon hearing this and informed Dwight that D-M’s credit was no good and they have a policy of no longer contracting with D-M. Paper, Paper, Paper! then told Dwight that it will not change the invoice and that as far as they are concerned, Dwight is responsible for the purchase price. Assuming the contract is enforceable, is Paper, Paper, Paper! correct? Who is liable on this contract? Why?

5. Bill and Ted are partners in the Bill and Ted Company (“BTC”). BTC and ABC Corp. (“ABC”) entered into a construction contract, under which ABC was to be compensated on a “time and materials” basis. During the course of construction, ABC had submitted bills, all of which were paid, but when ABC submitted its final bill, BTC paid only a portion of the bill, leaving and outstanding balance of $39,639.98. ABC has filed suit for breach of contract against BTC and against Bill and Ted, individually. Are Bill and Ted liable for BTC’s obligations? Why or why not? May ABC sue Bill and Ted without first exhausting its remedies against (i.e., suing and trying to collect from) BTC? What other business form would you suggest for Bill and Ted? Why? Business Law Assignment: I need help writing a research paper.

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