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1.
John
was
driving his car
in a
careless way
,
failing
to
drive
as a
reasonably prudent person would under
the
driving conditions
.
Ramona
was
crossing
the
street
in a
careless way
,
failing
to
cross
as a
reasonably prudent person would
.
John struck
and
injured Ramona
with the
car John
was driving. At the trial, it was determined that John was 80
percent at fault and Ramona was 20 percent at fault. The
injuries sustained amounted to $100,000. Explain how much, if
any, recovery Ramona would receive in a state that applies the
contributory negligence rule. Do the same thing for a state that
applies the comparative negligence rule.
2. An art collector commissioned an artist to create a sculpture
for the collector. The artist wanted a substantial amount of
money for the sculpture. This caused the collector some worry
regarding possible dissatisfaction with the artwork once it was
completed. To ensure that payment would be made only if the
collector was satisfied with the sculpture, a condition was
written into the commission contract. It required that the
collector would have to be satisfied with the artwork, relying on
the collector's taste and judgment, before an obligation of
payment would be created. The artist imagined that a collector
could possibly refuse a creation of his and allowed the
condition to be placed within the contract. At the completion of
the sculpture, the collector claimed that she did not care for the
artwork and therefore refused to pay. Can the artist force
payment in this situation? Would it help if the artist could
establish that the collector actually approves of the sculpture
but has temporarily run short on funds, and that this is the true
motivating factor in refusing to accept the sculpture?
3. Rundles,Kreiger, and Larson formed a partnership to breed
and show horses. Rundles and Kreiger each contributed $25,000
to the partnership. Larson contributed four(4) horses valued at
25,000. The partnership agreement provided that the partners
would share profits equally. When the horses failed to perform
as expected, Rundles and Kreiger decided to reduce Larson's
share of the profits. Larson claims that this decision mut be
unanimous to be binding. How will the case be decided?
4. The Miller family, who operates a musical instrument
manufacturing concern, has decided to incorporate. The three
(3) members of the Miller family, Mary, Mark and Sue, would
like to become a corporation and obtain limited liability;
however, taxation at the corporate level would be very costl for
them. If possible, Mary Miller would rather be taxed as a
partnership. Mark Miller is worried about the additional
paperwork and meetings that incorporation would surely bring.
Sue Miller does not want a large board of directions to be
formed. Sue fears tha the board would somehow detract from
the family goals and orientation the business has always
enjoyed. In light of these concerns, is there a corporate form
that would better suit the Miller family?

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  • 1. 1. John was driving his car in a careless way , failing to drive as a reasonably prudent person would under the driving conditions . Ramona was crossing the street in a careless way , failing to cross as a reasonably prudent person would . John struck and injured Ramona with the car John was driving. At the trial, it was determined that John was 80
  • 2. percent at fault and Ramona was 20 percent at fault. The injuries sustained amounted to $100,000. Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule. Do the same thing for a state that applies the comparative negligence rule. 2. An art collector commissioned an artist to create a sculpture for the collector. The artist wanted a substantial amount of money for the sculpture. This caused the collector some worry regarding possible dissatisfaction with the artwork once it was completed. To ensure that payment would be made only if the collector was satisfied with the sculpture, a condition was written into the commission contract. It required that the collector would have to be satisfied with the artwork, relying on the collector's taste and judgment, before an obligation of payment would be created. The artist imagined that a collector could possibly refuse a creation of his and allowed the condition to be placed within the contract. At the completion of the sculpture, the collector claimed that she did not care for the artwork and therefore refused to pay. Can the artist force payment in this situation? Would it help if the artist could establish that the collector actually approves of the sculpture but has temporarily run short on funds, and that this is the true motivating factor in refusing to accept the sculpture? 3. Rundles,Kreiger, and Larson formed a partnership to breed and show horses. Rundles and Kreiger each contributed $25,000 to the partnership. Larson contributed four(4) horses valued at 25,000. The partnership agreement provided that the partners would share profits equally. When the horses failed to perform as expected, Rundles and Kreiger decided to reduce Larson's share of the profits. Larson claims that this decision mut be unanimous to be binding. How will the case be decided? 4. The Miller family, who operates a musical instrument manufacturing concern, has decided to incorporate. The three
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