Question

In: Accounting

1. Famed B-Law Survivor and professional soccer player extraordinaire Mr. Josh “Galway United” fondly known to...

1. Famed B-Law Survivor and professional soccer player extraordinaire Mr. Josh “Galway United” fondly known to his friends as “Blue-eyed Devil,” transfers real property he owns and the deed reads, “I transfer this property to the U.C. Santa Clara Rodent Soccer Team so long as it is used to promote soccer playing rodents, and if it ceases to be so used, then it comes back to me.”  Assuming that California law controls, the type of ownership estate created is:

A)  Fee simple absolute.

B)  Fee simple subject to remainder.

C)  Fee simple defeasible with reversion.

D)  Life estate.

E)  Community property.

2. Assume that the deed reads, “I transfer this property to the U.C. Santa Clara Rodent Soccer Team so long as it is used to promote soccer playing rodents, and if it ceases to be so used, then it goes to my rarely sober soccer playing friends and B-Law Survivors all, [Geremy Uhlster, David Martini, Adam Beerman, Brandon “Cockapoo” McDonald, Bryan NoCura, Katie “40 oz” Fosters, Kyle Clump, Jeffrey Hustle, Jessie Hinder-son, O.D. O’Donnell, JD Warrant, Felipe “Porsche” Carrera, Jeff “Bad Intentions” Pensta, Heist Niehe, Knick Smith, Andy Swooped, Vigard “Viking” Karlsen, Fred “Lurch” Loechen, Brendan “Area 51” Roswall, Christina Moped, Samir “Soccer-Sam”, Najmeh, Celia “Cool Drink” Pellegrino, Kyle McLoud, Miguel “All Academic” Aguilar, Sixto “Pour Me-A-Cold-One” Porras, “I’m Not Mitt” Dave Romney, , Aaron “Vince” Lombardi, Jonathan “Fabulous” Fabulich, Kam “Raven” Krow, and honorary Survivor Fiona "Temperance" O’Sullivan. (Names changed to protect the innocent)].  What have Mr. Smith’s rarely sober friends acquired?

A)  Fee simple absolute.

B)  Fee simple defeasible.

C)  Life estate.

D)  Remainder interests.

E)   Community Property.

3. The Dean of the School of Business hires the world’s most famous International dance company “The Paisanos” (Lupo Benatti, Felix Jermanan, Maria-Claudia Tortella, Giorgia Scelzo, Sergio Mandrone, Alberto Zini  and Martina Granieri) to teach the Business Law faculty the latest hip-hop dances.  “The Paisanos” quoted the Dean a price of $6,000 per faculty member for the dance instruction.   After 20 minutes of lessons, the troupe discovered that the faculty has absolutely no rhythm and incredibly, they each have two left feet! To teach this “rhythmatically challenged” group would take substantially more time and cost more money.  “The Paisanos” say they will continue, but only if the Dean pays them $2,000 for each extra left foot.  If the Dean’s promise to pay an increased amount is enforceable it is because:

A)  This is a valid settlement of a liquidated debt.

B)  This is an unforeseen circumstance.

C)  This is a Uniform Commercial Code modification.

D)  This is a preexisting duty.

E)  This is a novation.

Solutions

Expert Solution

1) In the given situation, Mr. osh gets back his property if the Socer team ceases to promote it for soccer playing.

Here, the property gets back to the original owner as the condition is not met.

Fee simple absolute. - It is the transfer of infinite ownership and hence the option is incorrect

Fee simple subject to remainder.- The transfer goes to the next remainder man after the natural end of the prio estate which is incorrect option

Fee simple defeasible with reversion. - The property gets backs to the original owner when the condition is not met which happensed in Mr. Josh situation and hence the option is Correct

Life estate - The transfer of the proprty will be till the end of the life and then goes to the original owner which is not related to the situation and incorrect option

Community property. A property which is acquired due to marriage which is incorrect option

Hence, Option C is Correct

2) The property is acquired by the friends of Mr.smith only when the Socer team ceases to promote it for soccer playing.It means the property willl be remainder to them upon the cease

Fee simple absolute. - It is the transfer of infinite ownership and hence the option is incorrect

Fee simple defeasible - The property gets backs to the original owner when the condition is not met and hence the option is inorrect

Life estate - The transfer of the proprty will be till the end of the life and then goes to the original owner which is not related to the situation and incorrect option

Remainder Interests- The transfer goes to the next remainder man after the natural end of the prior estate which happened in Mr.smith's friends situation and hence the option is correct

Community property. A property which is acquired due to marriage which is incorrect option

Hence, Option D is Correct

3) In the situation Dean of the school promises to pay an increased amount of $2,000 because the faculty is rythmatically challenged which is not known earlier

Liquidated Debt : The debt arises only in the case of liquidation of the business which is not the case of the situation and hence is incorrect.

Unforceen Cirumstance: It is the situation when the parties does not known that the circumstance happens. In the given situation the parties does not know about the circumstance that the faculty is Rythmatically challenged. Hence dean agrees to pay them extra $2,000. Hence the option is Correct

Uniform Cmmercial code Modification: It is applicable only to the sale of goods which are movable. In the situation it is not related to sale of movable goods and hence the option is incorrect

Preexisting Duty: The party already being liablee to the performance of the duty before entering into the contract which is not related to the situation and hence incorrect

Novation: It is replacing the obligation with another obligation. In the situation the obligation is not replaced and hence the option is incorrect

Hence, Option B is Correct


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