This case involved 2 parties, Tom Gentry and John Marsh. These two where in a partnership with each other and they were involved in buying and selling horses. They would buy horses then sell the babies for profit and also just sell the horse as well at many types of auctions. In November 1976 Marsh and Gentry bought these two horses together called Champagne Woman and Excitable lady. In 1978 Marsh and Gentry auctioned off Champagne Lady and Gentry used an anonymous bidder so Marsh wouldn’t find out that he used one to acquire Champagne Lady without telling Marsh. There was a fiduciary relationship between them and he broke it by not telling him because it can alter their profits because of this. When Gentry was supposed to be selling Excitable Lady, he didn’t pay Marsh instead he just didn't tell him. So a couple years down the road, Marsh soon realizes that …show more content…
When the Courts came to a decision, they reversed the decision of the lower courts and it held that Judge O'Hara stated that Gentry was discreet in his transactions, and did not meet the level of good faith. The judge then also stated that under Kentucky Law he was accountable for his actions and accepted business practices don’t have to constitute a waiver because in most cases the law takes precedent. The overall law determined that Gentry denied Marsh the sole right to know what his partner was going to purchase because Marsh stated that If he knew he would have changed his decision and also said he would not have agreed. He also did not act in good faith because he clearly violated his fiduciary duty to his partner. In my opinion I think that he should have been able to buy out his partner with an anonymous bidder because he would be able to get it at a fair market rate that is not skewed because of his
I was assisting Vince in a deal with a new potential buyer. He offered a structured deal stating that he would authorize his company to pay a higher price, if we report selling the product for a lower price. I don’t want to get caught doing this, because I know it is unlawful. Vince reassured me it was not an uncommon deal, and that the product would still be going for a good price. We even had a solid plan on what to say in the event that people suspected us of doing such a thing. The buyer could get half the money, Vince and I could split the other half and no one would ever know.
The real dispute about the plaintiffs’ rights was focused on whether the fraud exception to the protection afforded to the registered proprietor by s. 184(3)(b) of the Land Title Act had been enlivened by the conduct of Mr Lacy and Mrs Capper as the plaintiffs’ admitted agents or by that of Mr Sultan. On the factual findings I have made, Mr Sultan has not been shown to have acted fraudulently nor to have been the plaintiffs’ agent.
When Stambovsky became aware of the haunting story he filed a case based on fraudulent misrepresentation. His argument was that Ackley purposely withheld information in regards to the house to benefit from the sell. Stambovsky was requesting rescission from the contract of sale and damages for fraudulent misrepresentation; he failed to attend the closing which cause him to forfeit
Tom and George are both violent;, Tom when he hits Myrtle, and when he has a scuffle with Gatsby. Also, in the way that he approaches people that he thinks are beneath him or that have wronged him in some way. Apparently, he was less like this until after he finished school where the hardness in him became more apparent and he began actively ruining people when possible.
Additionally, registration papers were not to be released until Herring paid in full. These provisions gave the Bowmans the ability to recover the horse in case of default on the payments. Thus providing a security interest for the seller until there was no risk of loss. Even though Herring was not in full possession of the horse, the provisions established that Herring owned the horse.
Facts: Ivanna Deduct and SpartanRock Corp formed a Florida limited liability company, Investco, LLC at 2013. Ivanna contributed $100,000 cash, and SpartanRock, the parent of Best Buy, contributed $99,900,000 Best Buy’s customer receivables. These customers’ receivables were more than 180 days old that had not been collected, with an average outstanding balance of $161.81 on each account. Ivanna sold ninety-nine interests to individual investors for $1,000,000 each in exchange for Investco’s interest. The $1,000,000 contained $100,000 in cash and a promissory note to Investco for $900,000. Later, SpartanRock received a cash distribution of $5,000,000 and withdrew from Investco. At the same time, Ivanna also received a cash distribution of $5,000,000
There are many different legal concepts throughout the textbook, but one that stands out is the concept of identification. It is defined as “a place when specific goods are designated as the subject matter of a sales or lease contract” (Miller, 2014, pg. 307). This legal concept is important because it gives the buyer the right to insure the goods and the right to recover from third parties who damage the goods” (Miller, 2014, pg. 307). Since this term is very broad and covers a lot of legal ground, it usually presents itself in sales cases. The motorcycle that Timothy Allen owned was the specific good in this case, in that he purchased the motor vehicle and it rightfully belonged to him. But when he committed the crime of using that motor vehicle when trafficking illegal drugs, that good was taken away. Obviously, the parties involved in this case had a difficult time identifying who really owned the motor vehicle, which led to a court
FBI agents and state prosecutors investigated them as well. For this reason (illegal insider trading), Douglas Faneuil and Peter Bacanovic’s acts were seen as unethical because they failed to adhere to Merrill Lynch’s work policy, “governing the confidentiality of client transactions” (SEC, 2003). In fact, what was seen as unethical behavior for Douglas Faneuil and Peter Bacanovic was seen as illegal for Martha
`It’s all about Tom and Gatsby in this book. In The Great Gatsby, Tom and Gatsby are the main character in this book. Tom and Gatsby are different in many way such as the way they make money or the way that they act, but there is similarities such as who they love. Who is the best Tom or Gatsby.
Throughout this journal, one can evaluate that the symbol of the mockingbird is represented by Tom Robinson and Arthur “Boo” Radley. To begin, Tom Robinson’s character arc can be seen to symbolize the concept of the mockingbird. For instance, Tom is a righteous and honorable man. It is repeatedly indicated and proven within the novel that Tom is innocent of his convicted crimes, and that he was falsely accused of his assault on Mayella Ewell. This virtue of Tom aligns with the pure, untarnished description of the mockingbird, as both are innocent creatures. Another reason Tom can be compared to a mockingbird is due to his natural drive to help others. Tom Robinson can be inferred to be a kind and sympathetic man, as he completes a number of
A young, black father sits in a courtroom waiting. Sweat streaks down his face as he hears his fate- “Guilty”. Aside from the fact that in his heart he knew he was innocent. This is a scene from the novel To Kill A Mockingbird, by Harper Lee. Tom Robinson and Boo Radley are the most innocent in this story; therefore, representing symbols of mockingbirds.
benefited from purchase, while the customer was given a false promise. In The Wife Of
In the Great Gatsby, the characters of Tom and Gatsby are more alike then they appear to be. However, they also share some differences too. Both characters, Tom and Gatsby, use many people throughout the story. Also, neither of them really, truly loves Daisy. One of their great differences is that Gatsby is much pleasant than Tom. Tom is much more egotistic than Gatsby. They both have two different personalities, yet can relate to the same secret affairs that occurs throughout the book.
LAW: Section 5.077 of property Code, which provides buyers with the amount paid and remaining payments under contract, was broken, allowing The Nguyens to use their statutory right, a right granted under the property code, to end the contract. Subchapter D's cancellation-and-rescission, which states that one has to give the seller a timely notice and offer to tender to the property due to any of the sellers’ benefits derived. Because Morton’s restitution was not considered, he was granted a petition for review.
In the above given case we can say that Miss Priya is the seller while Mr. Ravil is the customer or purchaser of goods. Miss Priya has sold jewelry worth 6 lacs to Mr. Ravil and in exchange received a cheque for the full amount. This cheque on presentment to the bank, was dishonored. Therefore Miss Priya becomes an ‘unpaid seller’.