Case Analysis #4 - Please discuss the legal implications of each fact pattern. Please remember to use your text and the legal doctrines and terminolo. gy contained in either Chapters 18,19,20 and 21 to support your position. 

 

Case 1-

Kyle was the owner of a beach home that he visited infrequently. He was a responsible homeowner and maintained an property loss insurance policy on his beach home which was located on an extremely remote part of the coast where outsiders did not normally frequent. One day upon visiting his beach home Kyle was devastated to discover that his home had been damaged due to fire. He could also tell that squatters had been living in the home for some time as there were trash and receipts for beer and wine dated back to at least six months within the habitable portion of the home. Upon discovery, Kyle immediately reported this loss to his insurance company.  Upon receipt and investigation of the claim Kyle's insurance company denied the claim. When asked why, the company referred Kyle to a provision within his policy located on the bottom of page 44 of his 120 policy in number 8 font which read " The insured shall notify the Company of any property loss due to fire no later than 30 days after said loss. Failure to notify the Company shall relieve Company of any obligation to insure or reimburse the insured for any losses incurred".  

Kyle disagrees that this provision should apply. The insurance company disagrees with Kyle. Please explain what is happening here from the side of both Kyle and the insurance Company. Please remember to frame your argument(s) using the legal doctrines you read about in the chapters in this unit. Then please provide your conclusion.

 

 

 

 

Case #2

Jane needs a 3 ton truck for harvesting her beet crop. She needs the truck by August 1^st. She goes to the local Ford dealership. She tells the dealer she needs the truck to harvest her beets, she needs it by August 1 or she will suffer economic harm if the harvest is even a day late.

The dealer agrees to order a 3 ton truck for $42,000 and guarantees that the truck will be ready on July 31.  Jane pays $42,000 in cash. July 31 comes and goes, August 1, 2, 3, 4, 5, 6, 7, and 8^th comes and goes. Each day Jane calls dealer and each day he promises the truck will be available "tomorrow."

On August 7, Jane inspected her beets and noticed that ¼ of them had already rotted in the fields. She will lose $2000 as a result of not having her truck to harvest the beets by August 1^st. While Jane was in the Ford dealership, she had mentioned to the saleperson that she had crops in the field that needed to be harvested.   

On August 8, Jane goes to the Chevy dealership and purchases a different truck for $50,000. She has to finance it because she gave all her cash to the Ford dealer, which costs her an additional $2000 in interest over the term of the contract.

Jane sues Ford for breach. What will be the courts analysis for determining what Jane's damages are and what type of damages if any may Jane receive from a successful lawsuit?

 

Case 3-

 Using a stolen and fraudulent check Richy Rich purchased a 30-carat diamond ring for $100,000 from Bailey's Jewelers. Richy Rich then took the diamond he had purchased, and the accompanying gemological certificate issued by Bailey's, to a Reliable loan jewelry store and Pawn operated by Sammy Schiester. Upon examination of the ring and certificate, Schiester then bought the ring from Richy Rich. He paid Rich using a $40,000 cashier's check. Polly Pawn, a customer of Schiester's purchased the ring for $50,000. But eventually, Richy Rich was arrested for passing a bad check, and the police seized the diamond. 

Explain who owns and has legal title to the diamond? Are there differing types of title? Please identifyx the parties using any applicable legal terminology.

SophiaPretty

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Status NEW Posted 15 Jul 2017 10:07 AM My Price 10.00

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