Book Opener

CHAPTERASSESSMENTAcquiring and Evaluating InformationIf you are employed, ask permission to bringto class copies of invoices, sales slips, receipts,letters, etc. from your place of business.9. As a class, review the documents tosee if they meet the requirements ofa memorandum.WarrantySergeant had an irrigation system installed inhis yard. The company that did the work toldSergeant the system had a one-year warrantyfor parts and labor. After six months, theirrigation system no longer worked. Thecompany refused to honor the promise of thewarranty. Sergeant discovered the warranty wasnot in writing anywhere in his signed contractor on the sales receipt.Debate10. Would the promise of the warranty hold upin court? Explain your answer.11. Would the parol evidence rule come intoplay? Why or why not?12. What would you do if you were Sergeant?For the following cases, give your decision andstate a legal principle that applies.13. Rubenstein hired Mason to audit her chainof 92 art galleries. When they made theagreement, Rubenstein insisted that, as apart of the auditing process, Mason wouldbe required to spend one week at eachgallery. Mason demanded a written agreementbefore he would agree to Rubenstein’sterms. Is Mason correct in making such ademand? Why or why not?14. Frank Larson orally promises to give GenaLittle $10,000 if she will marry Larson’snephew, Charles Cohen. Little marriesCohen, but Larson refuses to pay. CanLittle have the promise enforced? Whyor why not?15. A.R. Norton orally agrees to sell her farmto E.J. Dillon for $20,000. She gives Dillonthe following memorandum: “On this dateI hereby agree to sell my farm to E.J. Dillonfor $20,000. A.R. Norton.” Dillon laterrefuses to carry out the agreement. MayNorton recover from Dillon for breach ofcontract? Explain your answer.16. Carlos Beck orally agrees to buy propertyfrom the Bitner Realty Company. He writes,signs, and gives to the realty company amemorandum of the agreement. Thecompany does not sign the memorandum.When Beck fails to buy the property, theBitner Realty Company brings an actionfor damages. Is the realty company entitledto judgment? Why or why not?17. David Abrams agrees to buy printing equipmentfrom Aaron Ackerman. A contractto serve as evidence of the agreement isdrafted and typed, but before signing, bothparties add a handwritten clause. It is laterdiscovered that the handwritten clausecontradicts a typewritten clause. Whichclause will the court follow in determiningthe intent of the parties?220 Unit 2: Entering Into Contracts