Iowa Western Community College Determining Miguels Liability Essay Business law essay questions. answer questions1,9 and questions 3,7 in the last three pi
Iowa Western Community College Determining Miguels Liability Essay Business law essay questions. answer questions1,9 and questions 3,7 in the last three pics below In IRAC form Issue, rules,analysis, conclusion TF12:37 62
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Essay Questions
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1. Miguel recently purchased his first home. He is very excited about making improve-
ments to the home. He decides it would be cheaper if he had his own water source
so he digs a well in his backyard. Next he decides to construct a large building right
next to the edge of his property. The following winter provides almost no precipitation
in the form of snow or rain. The following spring, Miguel gets a letter from his neighbor
Stephen claiming Miguel has stolen Stephen's water source by digging a well. Miguel decides
not to say anything and hopes his neighbor won't pursue any further legal action. Much to
Miguel's relief, summer rains are heavy and the rainwater bounces off his shed and creates a
lake in Stephen's backyard. Miguel has received another letter from Stephen again claiming
wrongdoing on the part of Miguel because of the lake. What is Migueľs liability in regard to
the well and the rainwater that is deflecting off his shed? Please list the rules his state may
apply to each source of water at dispute in this problem as part of your analysis.
2. Jim has just purchased a marina where he sells and rents boats to be used on the lake that is
located right next to his marina. Jim notices many members of the public are using his boat
ramp for personal boats that are not rented from the marina Jim owns. In addition, he is also
concerned because a construction company is building a restaurant uphill from the marina.
Jim is worried rainwater will run downhill from the restaurant and flood his building where
he keeps his new boats. Jim has asked you who is considered to be the owner of the water in
the lake. He also wants to know what his rights are in regard to the potential for water runoff
from the restaurant.
3. Eric grew up on a farm outside of town. His family has ov
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The boundaries of the family farm are marked by a fence.
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mortgage to build a new barn. As part of the application pi
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8. Sophia has inherited a large commercial building complex that has suites that are rented
out to different businesses. The largest suite is currently being rented by a company that is
often late with its payments. The lease Sophia currently has with the tenant was for ten years.
However, the lease expires in three months. Sophia would like to keep the tenant but does
not want to sign a lease for more than twelve months, as she is hoping she can find a better
tenant. What type of lease should Sophia enter into with the current tenant? Also, what
are her duties in regard to common areas of the building complex such as the parking lot
and sidewalks?
9. Susan just received bad news. A business developer in her town is going to build a new
shopping mall. The mall will be located near her house. She received a letter in the mail
today stating the city would be buying her house for the assessed value of the land. The
assessed value is a value created by a local board for property tax purposes. Susan wants
to know if the city can take her land and then sell it to a private business and whether she
can claim she is owed more money than the assessed value of her home.
10. Jacklyn has owned a salvage yard for twenty-six years. She routinely buys old trucks and
then removes parts from the trucks and then sells the parts to repair shops across the
state. Jacklyn has been constrained in regard to growing her business because she does
not have enough land. Her business is located in the area of a city that is populated with
abandoned stockyards that are decaying. How might Jacklyn use the process of eminent
domain to benefit her business and what will eminent domain require of Jacklyn and
her city if they are to use eminent domain to obtain more land for Jacklyn to use in her
business?
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1. Olga sells electronics at a department store. Olga often tells customers a certain big-screen
television is the best on the market.” Alex purchases the television on the advice of Olga.
He then reads several online reviews that state the television he bought is possibly one of
the most unreliable televisions on the market. Will Olga be liable to Alex? Why or why not?
2. Stacy works a real estate agent. She tells Nancy a certain house is in the “best neighbor-
hood in town.” The house is actually not in a good neighborhood. Nancy buys the house
and immediately realizes that the neighborhood is not safe for her children. Can Nancy
sue Stacy for fraud? Why or why not?
3. Gone Bananas Incorporated grows and sells bananas to grocery stores across the United
States. Gone Bananas would like to run a commercial advertisement that shows a per-
son dancing and doing dance moves with a banana that might be considered obscene
by some. What is the test for obscenity? What is the effect of the commercial being
considered obscene or being considered indecent?
4. Rodrick is hired by a local radio station to provide the morning news. Rodrick has a
history of saying shocking things on the radio. The radio station is trying to learn what
obscene language is as opposed to indecent behavior. What is the test for determining
whether language is obscene? What limitations are placed on obscene language? What
about indecent behavior?
5. Karen is excited about a new website she has created. The website provides networking
opportunities for college students. Karen would like to market this product to college
students. Can Karen harvest e-mails of students from college directories? Can Karen
place sales marketing calls to mobile phones using a prerecorded message?
6. Brad is considering expanding his construction business and having his sister work as
a marketing agent. Brad and his sister Angelina are consi
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the surrounding twenty-mile area to see if they need an
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limitations are placed on the ability of Brad and Angelii
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place sales marketing calls to mobile phones using a prerecorded message?
6. Brad is considering expanding his construction business and having his sister work as
a marketing agent. Brad and his sister Angelina are considering calling homeowners in
the surrounding twenty-mile area to see if they need any construction services. What
limitations are placed on the ability of Brad and Angelina to call consumers on their
home telephones? What information must Angelina provide over the phone in the
event she speaks with a potential customer?
7. Nathan buys a blender at a local appliance store. Before buying the product, Nathan asks
the salesperson whether he can use the blender to blend whole pieces of fruit such as an
apple. The salesperson says the blender can handle anything except for cement. Nathan
takes the blender home and puts in three apples. He starts the blender and is hurt by
a piece of flying plastic that came from the blender. Under what theories, other than
fraud, may Nathan use to recover damages incurred because of the blender accident?
8. Troy goes to Auto Parts Store Incorporated and buys a new clutch for his 1970 Shelby
Cobra Mustang. He takes the clutch home and tries to install it. The clutch does not
seem to fit well but does eventually fit into place. Troy drives the car for twelve weeks
before the clutch malfunctions. Troy removes the clutch and notices the holes in the
bottom of the clutch were improperly drilled by the manufacturer. Troy takes the clutch
back to AutoParts Store Incorporated. The store refuses to refund Troy his money
because he has passed their store sixty-day return policy. Can Troy recover damages?
Under what legal theory?
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