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Business Law Essay

2560 words - 11 pages

Fact Pattern 1

I was hired to represent Anthony, Paul and Silvio in both federal and state courts. The clients came to my law firm with numerous issues. All three clients were to be represented individually and as a whole for one particular federal case. Various legal principles were addressed for each case. On a broad spectrum, all of the cases dealt with a different issue and therefore called for a different legal reasoning.
Three New Jersey Residents, Anthony, Paul & Silvio, were stopped at a traffic light and a truck that was driving over the speed limit “rear-ended” the SUV in which the New Jersey residents were traveling. The truck contained fireworks for a local ...view middle of the document...

He held a gun to the vice president of the company’s head. Holding a weapon to his head forced the vice president to sign the agreement. This matter was brought to the federal court because it involved a New Jersey state resident committing a felony in New York State. When signing a contract, the contract is illegal if a party is forced to sign a contract by duress, which is when a “wrongful threat” of one person causes the other person to perform an act that he or she would not have performed otherwise.
In this case, the defendant was in clear and present danger and therefore, him signing the contract was a reasonable act of self-defense. The contract signed is not valid and the plaintiff, Anthony is guilty of attempted murder. The president of the same company was shown the same agreement and told to sign the contract with a local company for truck parts. When in fact, the contract stated that the Queens Company could use Anthony’s trucks for “waste removal” not for truck parts. The state of New York has adopted a “pure” form of comparative negligence in which the plaintiff may recover damages even if his fault is greater than that of the defendant. In this case, the plaintiff, Anthony is guilty for not informing the defendant about the facts of the contract. The defendant, the president of the Queens Company, is guilty because of the negligence on his part for not reading the contract before signing it and therefore being legally bound to the terms of the contract. However, in these circumstances, the contract is invalid and neither of the parties affiliated with the Queens Company is bound by any of its terms.
Paul, a New Jersey resident owned an appliance store. He advertised in the local paper, offering a free outdoor barbeque set to the first person to walk into the store at 9:00am on Tuesday, October 16th and purchase a 19-inch plasma T.V. set. When Jim walked in, accordingly with specified time in the advertisement, he was told that the barbeque set was out of stock. This case was brought to the state court because the advertisement was published in a local newspaper, making it reasonable for many NJ state residents to react upon. Advertisements are not offers but are “invitations to negotiate”. However, advertisements can become offers when they contain “definite terms that invited acceptance”. In this case, the advertisement became an offer because it was definite in its terms. It specifically stated that, “the first person who entered the store at 9:00am on Tuesday October 16, and who purchased a 19” plasmas television set, would receive a free outdoor barbeque set”. Under “Definiteness of Terms”, this ad clearly identified the parties (seller being appliance store and buyer being first person to walk in that morning), identified the object with its quantity (“a” free outdoor barbeque set”), the pay (“purchased a 19” plasmas television set”) and time of payment (“9:00am on Tuesday October 16”). Paul’s definite terms in...

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