CHAPTER 2 ASSIGNMENTS
ASSIGNMENT 1
What do the terms “focus” and“intellectual honesty” mean as used in this chapter?How are they important to the analytical process?
ASSIGNMENT 2
Client’s Facts:The client is the administratrix of her recently deceased brother’s estate.She wants to know if the will she found, among his personal papers, has been revoked.Diagonally across the first paragraph of the will is a handwritten notation that reads, “I hereby revoke this will and declare it to be void.”Directly below this notation is her brother’s signature.
Rule of Law: Section 24-457B of the state probate code provides, “A will or codicil may be revoked by a writing, declaring an intention to revoke the same, placed on the will or codicil, and signed by the testator, or some person in his presence, and by his direction.
Case Law:In the case of Terrance v. Real, the court held the phrase “placed on the will or codicil” requires that the revocation language must be so placed as to physically affect written words of the will.”
Assignment:
A.Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether the will has been revoked.
B.Repeat Assignment A, assuming the following fact:The revocation language appears on the margins of the first page of the will.
C.Repeat Assignment A, assuming the following fact:The revocation language reads, “I hereby revoke and declare void all dispositions to my brother, Tom Harbin.”
ASSIGNMENT 3
Client’s Facts:Client recently bought a toaster at a local flea market.The market is open year round,Friday through Sunday.The booth she bought the toaster from sells small appliances and is always open at the same location at the flea market.The toaster appeared to be brand new (it was in the original box).The toaster worked for two days then stopped toasting.When client tried to return the toaster, the booth owner refused to give client her money back or replace the toaster.
Rule of Law:Section 21-2-314 of the state commercial code provides that, “A warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”The section also provides that the seller must replace the goods, or return the purchase price if the goods are not merchantable.According to the section, merchantable means the goods are fit for the ordinary purpose for which they are manufactured.
Section 21-1-101 defines a merchant as “one who routinely is engaged in the purchase and sale of the kind of goods involved in the sales contract.”
Case Law:In the case of Dinelle v Eldson, the court held that a flea market seller can be considered a merchant within the meaning of the commercial code if the seller sells the same products at the flea market on a continuous basis.
Assignment:
A.Based on the information presented in the problem, prepare a complete and detailed analysis of the question of whether the client has a remedy under Section 21-2-314.
B.Repeat Assignment A, assuming the following facts:Client bought the same toaster at a garage sale.The seller has a garage sale every weekend at the same location.