Question

Q. You are an attorney working for a large law firm. Anthony, Paul and Silvio retain you to represent diem. With the material that you studied in the Chapters, prepare an essay explaining the issues presented. Be sure to explain the Courts (Federal or State) to which the matters could be brought and why, and the various legal issues that you studied with respect to the fact pattern. Hint: The best way to answer this essay is to take each set of facts the each paragraph, and explain the law as it applies to the facts.

You are an attorney working for a large law firm. Anthony, Paul and Silvio retain you to represent them. With the material given prepare an essay explaining the issues presented. Be sure to explain the courts to which the matters could be brought and why and the various legal issues that you find in the fact pattern. Anthony a New Jersey resident and owner of a waste disposal company in New Jersey decided to expand his business to the five boroughs of New York City. On a particular Sunday afternoon Anthony and some of his employees drove in the company SUV across the Bridge and headed to a meeting in the Queens with a local Queens based waste disposal company in order to enter into a joint venture for the collection of commercial waste. The SUV was traveling at approximately 30 miles per hr on the side streets of the Queens as it headed to the meeting. tony was driving the car and had his employees, Paul and Silvio (all NJ residents) sitting in the back seat of the vehicle. As Tony left the Long Island Expressway at the Utopia Parkway ramp he stopped at a traffic light. A truck travelling from behind was apparently traveling over the speed limit and was unable to stop in time. Tony's SUV was "rear ended" by the truck. The truck was owned by a local fireworks company, a New York domestic corporation and contained fireworks for the upcoming 4th of July display in the East River. Paul and Silvio sustained injuries as a result of the car crash. They were immediately hospitalized. The SUV was "totaled" and could not be repaired due to the extensive damage. The damage to the SUV ( a specially designed Porsche) was $85000. The cost of the hospitalization to Paul and Silvio was $15000 to each respectively. Anthony was able to keep his business appointment despite the fact that his entourage was hospitalized. During the business meeting, Anthony was angered that the Queens Company was not interested in the terms of the contract. He held a gun to the head of the Queens Company Vice President and as a result they agreed to enter into a joint venture agreement. His agreement with the Queens based company was as follows: THe Queens company could use his trucks for waste removal. they would pay him a monthly rental for the use of his trucks. the vice President then brought the agreement to the President of the Queens company for signature. The president was awoken from his sleep and presented with the agreement and was told he was signing a contract with a local vendor for truck parts. He signed the agreement without reading it as he was still groggy from being awoken. Two weeks later Paul, who owned a appliance store paid for an advertisement in the local Dollarsaver newspaper. The advertisement stated that the first person who entered the store at 9:00 am on Tuesday October 16, and who purchased a 19" plasmas TV set would receive a free outdoor barbeque set. Jim entered the store at 9:00 am on the 16th, purchased the 19" plasma TV and was advised that the appliance store had no barbeque sets in stock. The same day Paul signed an agreement with Sony to purchase all of the 19" plasma TVs that sony produces. Two weeks later, when the first shipment arrived, Paul rejects the shipment on the basis that there was no contract because the quantity was "too vague". Three weeks later Silvio decided to sell his home. He met with the potential buyers and advised them that the zoning for the house permitted the house to be used as a two family dwelling and that the property size was sufficient for the town to permit the construction of an in-ground pool. The real estate broker representing Silvo concurred. The broker was Silvio nephew. The purchasers , who wanted to convert the house to a two family dwelling in order to move their parent in, signed the agreement and relied upon the broker and Silvio's representation. Weeks later they met with the local Buildings Department for the town and were told that the zoning laws for the town nly permitted one family dwelling for their newly purchased house.

Answer 1

****Please please please LIKE THIS ANSWER, so that I can get a small benefit, Please****

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 the ad turned the ad into an irrevocable offer. Therefore, the plaintiff, Paul is liable for providing Jim with the goods he promised him.

Paul also signed an agreement with Sony to purchase all of their 19-inch plasma televisions. After signing the agreement, the first shipment of televisions arrived and Paul rejected the shipment claiming there was no contract because the signed agreement was “too vague” regarding the quantity. This case was brought to the New Jersey state court.if in the agreement between Paul and the sony company they had atated the terms and conditions and the quality of the products to be brought then there is a breach of   specific performance. Specific performance is best described as the breaching party's court-ordered performance of duty under the contract. Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been had the breach not occurred. In this case the sony company can be sued by Paul for not bringing the products they agreed and this should lead to a compensation to Paul and Paul has no obligation or the responsibility to the products that has been brought.

Silvio signed an agreement with some potential buyers of a home he decided to sell . He met with the potential buyers and advised them that the zoning for the house permitted the house to be used as a two family dwelling and that the property size was sufficient for the town to permit the construction of an in-ground pool. The real estate broker representing Silvo concurred. The broker was Silvio nephew. The purchasers , who wanted to convert the house to a two family dwelling in order to move their parent in, signed the agreement and relied upon the broker and Silvio's representation. Weeks later they met with the local Buildings Department for the town and were told that the zoning laws for the town only permitted one family dwelling for their newly purchased house. The purchasers should seek for the compensation since there is a change in the agreement for them they were ready to occupy the home if the terms and the agreement were as per the terms of the contract. Each Party that is Silvio and the purchasers should promptly inform the other Party in writing of any event or situation that may necessitate a revised or new Contract between the Parties, due to a modification of the scope, character, duration or execution of the Services, the Contract Price, or other aspects of the Contract. Any modification of the terms and conditions of this Contract,   shall only be valid if in writing signed by or on behalf of the Parties involved in the agreement, any changes to occur after the agreements are made should be stated prior the sighing of the contract.

Paul would win one case and lose the other and Silvio would lose his case fairly.