Anda di halaman 1dari 1

1.

(C) Yes A federal court's power to hear any case where the amount in controversy exceeds
$75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C.
1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in
federal court (the other being federal question jurisdiction).
2. (D) Minimum contact rule establishes that so long as a corporation had a degree of contact
within the state bringing suit, they are subject to the laws of the state and can be sued by and
within the forum state in court. Windell Travel, Inc. has an exclusive contract with Jennifer Tours
which placed adds in Boulder Colorado.
3. (C) When it comes to legally binding agreements, certain people are always considered to lack the legal
ability (or "capacity") to contract. As a legal matter, basically they are presumed not to know what they're
doing. These people--legal minors and the mentally ill, for example--are placed into a special category. If
they enter into a contract, the agreement is considered "voidable" by them (as the person who lacked
capacity to enter the agreement in the first place). Voidable means that the person who lacked capacity to
enter the contact can either end the contract or permit it to go ahead as agreed on
4. (B) Legally, a sole proprietorship is inseparable from its owner -- the business and the
owner are one and the same. As a result, the owner of a sole proprietorship is
personally liable for the entire amount of any business-related obligations, such as
debts or court judgments.
5. (d). Jones will be able to prevail based on all three contract theories.
The advertisement created an express warranty .An express warranty is a seller's promise or
guarantee that a buyer relies on when they purchase an item. Any description of the
goodswhich is made part of the basis of the bargain creates an express warranty that the
goods shall conform to the description. If the goods fail to meet a warranty, the buyer or
lessee can sue the seller or lessor for breach of warranty
He will also prevail under The Uniform Commercial Code (UCC) which i is a comprehensive set of laws
governing commercial transactions between U.S. states and territories. These transactions include
borrowing money, leases, contracts, and the sale of goods. Under this code. Warranties may be
expressed or implied and Written disclaimers must be conspicuously displayed to be valid.
Conspicuous construed by the courts as noticeable to a reasonable person [UCC 2-316;
UCC 2A-214] In relation to the material mistake. In the event of a unilateral mistake, only one
party to the agreement is mistaken about a material fact. In such a case, the party adversely
affected by the mistake will not be able to void the contract unless the other party knew or should
have known of the mistake, or unless the other party had a duty to disclose the mistaken fact.

Anda mungkin juga menyukai