Buisiness law: Multiple Choices

Business Law Name: Course: Professor Name: (November 26, 2012) Case 1 Multiple Choices: b In most cases courts can’t exercise power of they do not have control over the body of the defendant or something that substitutes the defendant. Thus it is a notion that the power and the ability to adjudicate lies on the power of the given court to execute. a It is not possible for Jones to transfer the case to his own federal court because the incident of the injustice took place in another federal state and thus the Mexican federal court is the one that has the jurisdiction over the case since it took place in its state. Both b and c Windell Travel and Windel Hotel cannot claim not to have contract with Jennifer because her minor in the business does not have any effect on the agency’s relationship with Windell. Consequently the advert of both Windell travel and hotel use Jennifer tours as the travel agency in their adverts so they have to be responsible for any injuries. a Further it can be claimed that this is the solution since sole proprietorship is any person doing business and since the business was transferred to Jennifer she is the one to be sued. Further a sole proprietorship is recognized as a legal entity that is separate from its owners. All of the above. Jones is legible to get all his money back including the ad-on since the advertisement and the website created an express warranty that stated the expenses of the trip. Additionally Jones had entered on a contract based on the information that were available in the website meaning that the fact that Jones found it later to be untrue was intentional and that the Windell Tours and Windell Hotel knew it. Short Answer: He is likely to use the common law because it involves negligence of their duties (Balkin, 2012). It is true that once the common law does not allow the revoking of the option contract and thus in its use it would make Jones receive justice on the wrongs done to him from Windell Travel, Windell Hotel and Jennifer Travels. Since it is true that the injustice done to Jones are on a different state minor adjustments are necessary in order to have justice for Jones and this is only possible through the common law. The use of common law is mostly concerned with the prices of services or agreement is vital to ensuring that Jones is given fair judgment. The use of common law can affect the amount of refund that Jones is top get because the defendants were liars and neglected their duties for clients. Essay: Negligence is very important to defining common law (Balkin, 2012). While there is no defined and written Negligence Act, negligence of duties does not guarantee fairness and justice to clients. Negligence arises when there is lack of proper care and the through this injuries occur. Windel Travel, Windel Hotel and Jennifer Travels all have neglected their duties and that they are sure of the fact of telling the clients the truth about their services and the correct prices without lie. The elements of this case include: False information in the advertisement and the website that does not tell the clients of the correct prices they are to pay for the services at the hotel, trying to have false claims on the basis that both Windell Hotel abd Windell Travel do not have contract with Jennifer yet Jennifer is being used in the advertisement and the act of negligence in their duties. These elements are vital to determining the outcome of this case. The advertising and the website created express a warranty that the trip would include all expenses and good services that were not given, Jones entered into a contract based on the mistake of material fact which the hotel knew to be untrue. Jones would not be successful in the Jennifer case because Jennifer Travel is a sole proprietorship and thus it is not responsible for any liabilities. In this case, Jennifer Hooley would defend herself on the basis that in sole proprietorship the owner and the business are different entities and thus she is not responsible for the liabilities and that she had transferred the business. Case 2 Multiple Choices: d Partnership is a kind of business where the entire person’s involved has an equal contribution. Additionally all the profits and losses are shared equally. a The formation of partnerships does not necessarily mean that it should be a written contract but rather it can also be oral meaning that HDD is also in partnership since it was an oral contract. d The only advantage of partnership is the fact that all members share losses while the fact they share profits is a disadvantage. Thus HDD would be happy since the other members would pay for the debts since all the partnership members are liable for the debts of th...