estate division

their Resolutions
December 3, 2019
speaker notes
December 3, 2019

estate division

  • Mark Holmes, a director in the real estate division, met with Ben Franklin, 80-years-old, about purchasing a large tract of land owned by Franklin in New Jersey. Crump International planned to bulldoze the acreage to create a new golf resort. During the meeting, Holmes noticed several brochures about Alzheimer’s as well as several prescription bottles sitting on the table. After discussing the good old days for several hours, Holmes and Franklin agreed on the sale of the land for $1,500,000. Since Holmes brought a blank copy of a contract with him, he helped Franklin complete the paperwork and both parties signed. Unbeknownst to either party, the purchase price was written as $150,000. On the day before the closing, Holmes called Franklin to remind him of the location. Holmes said he didn’t know anything about selling that land and he had no intention of selling his land to some big city slicker.
    • Mark Holmes, a director in the real estate division, met with Ben Franklin, 80-years-old, about
      • Mark Holmes, a director in the real estate division, met with Ben Franklin, 80-years-old, about purchasing a large tract of land owned by Franklin in New Jersey. Crump International planned to bulldoze the acreage to create a new golf resort. During the meeting, Holmes noticed several brochures about Alzheimer’s as well as several prescription bottles sitting on the table. After discussing the good old days for several hours, Holmes and Franklin agreed on the sale of the land for $1,500,000. Since Holmes brought a blank copy of a contract with him, he helped Franklin complete the paperwork and both parties signed. Unbeknownst to either party, the purchase price was written as $150,000. On the day before the closing, Holmes called Franklin to remind him of the location. Holmes said he didn’t know anything about selling that land and he had no intention of selling his land to some big city slicker.

      Based on the scenario, create a 8- to 9-page Microsoft Word document. The document should serve as an interoffice memorandum to the firm’s senior attorney. In addition, the document should address the following and any others issues you may discover:

      • What happens when a government agency proposes a rule? What would you recommend Crump do in response to the EPA’s proposed rule that was published last week?
      • Should Crump make a contribution to the environmental training center? Why or why not?
      • Will Crump win the negligence lawsuit filed by McDonald? Why?
      • Should Crump file the countersuit for the blog and remarks McDonald made on television? If yes, on what basis? If not, why not?
      • Are the phrases “You’re Fired” and “You’re Hired” considered intellectual property? If yes, what type? If not, why not? Are there any issues with protecting these phrases in the U.S. and in foreign countries?
      • What is the status of the employment contract between Erica and Slippe, Faul, & Sioux?
      • Will the noncompete provision be enforceable? Why or why not?
      • What is the status of the agreement between Crump and Slippe, Faul, & Sioux?
      • Do Holmes and Franklin have a valid contract? What are the basic requirements for contract formation? What defects in the contract formation process may have occurred?

      In addition to the above, identify the legal issue, information that may be missing in order to provide an appropriate answer, and possible solutions. Also, address any potential ethical issues that you identify.

      Support your responses with examples.

      purchasing a large tract of land owned by Franklin in New Jersey. Crump International planned to bulldoze the acreage to create a new golf resort. During the meeting, Holmes noticed several brochures about Alzheimer’s as well as several prescription bottles sitting on the table. After discussing the good old days for several hours, Holmes and Franklin agreed on the sale of the land for $1,500,000. Since Holmes brought a blank copy of a contract with him, he helped Franklin complete the paperwork and both parties signed. Unbeknownst to either party, the purchase price was written as $150,000. On the day before the closing, Holmes called Franklin to remind him of the location. Holmes said he didn’t know anything about selling that land and he had no intention of selling his land to some big city slicker.

    Based on the scenario, create a 8- to 9-page Microsoft Word document. The document should serve as an interoffice memorandum to the firm’s senior attorney. In addition, the document should address the following and any others issues you may discover:

    • What happens when a government agency proposes a rule? What would you recommend Crump do in response to the EPA’s proposed rule that was published last week?
    • Should Crump make a contribution to the environmental training center? Why or why not?
    • Will Crump win the negligence lawsuit filed by McDonald? Why?
    • Should Crump file the countersuit for the blog and remarks McDonald made on television? If yes, on what basis? If not, why not?
    • Are the phrases “You’re Fired” and “You’re Hired” considered intellectual property? If yes, what type? If not, why not? Are there any issues with protecting these phrases in the U.S. and in foreign countries?
    • What is the status of the employment contract between Erica and Slippe, Faul, & Sioux?
    • Will the noncompete provision be enforceable? Why or why not?
    • What is the status of the agreement between Crump and Slippe, Faul, & Sioux?
    • Do Holmes and Franklin have a valid contract? What are the basic requirements for contract formation? What defects in the contract formation process may have occurred?

    In addition to the above, identify the legal issue, information that may be missing in order to provide an appropriate answer, and possible solutions. Also, address any potential ethical issues that you identify.

    Support your responses with examples.

Based on the scenario, create a 8- to 9-page Microsoft Word document. The document should serve as an interoffice memorandum to the firm’s senior attorney. In addition, the document should address the following and any others issues you may discover:

  • What happens when a government agency proposes a rule? What would you recommend Crump do in response to the EPA’s proposed rule that was published last week?
  • Should Crump make a contribution to the environmental training center? Why or why not?
  • Will Crump win the negligence lawsuit filed by McDonald? Why?
  • Should Crump file the countersuit for the blog and remarks McDonald made on television? If yes, on what basis? If not, why not?
  • Are the phrases “You’re Fired” and “You’re Hired” considered intellectual property? If yes, what type? If not, why not? Are there any issues with protecting these phrases in the U.S. and in foreign countries?
  • What is the status of the employment contract between Erica and Slippe, Faul, & Sioux?
  • Will the noncompete provision be enforceable? Why or why not?
  • What is the status of the agreement between Crump and Slippe, Faul, & Sioux?
  • Do Holmes and Franklin have a valid contract? What are the basic requirements for contract formation? What defects in the contract formation process may have occurred?

In addition to the above, identify the legal issue, information that may be missing in order to provide an appropriate answer, and possible solutions. Also, address any potential ethical issues that you identify.

Support your responses with examples.

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