What equitable remedy did the Court award to Lucy at the conclusion of the Lucy v. Zehmer case?
Group of answer choices
a.Injunction
b.Damages
c.Specific Performance
d.$5.00 cash
Answer: c.Specific Performance
The court first established that the parties were not so intoxicated as to nullify the deal. As for Mr. Zehmer’s disagreement that he proposed the transaction to be made “in jest,” the court basically held that it was not significant. What directed the analysis in Lucy was the court’s trust on prior case law that commanded: “We must look to the outward expression of a person as manifesting his intention rather than to his secret and unexpressed intention. That is, a rational explanation of Mr. Zehmer’s act of signing the agreement is that he actually entered into an agreement, not that he furtively was making a joke. Therefore, the court sided with Mr. Lucy and ordered specific performance.
What equitable remedy did the Court award to Lucy at the conclusion of the Lucy v....
1. What was the court's decision in Lucy v. Zehmer? a. The claim made by Lucy was inconsistent with his attempt to testify in great detail as to what was said and what was done. b. The writing signed by the defendants did not constitute a binding contract of sale between the parties c. At no time prior to the execution of the contract had Zehmer indicated to Lucy by word or act that he was not in earnest about...
What issue did the Court consider in Matrixx Initiatives, Inc. v. Siracusano? a. The Court reviewed the scienter of Siracusano in the case. b. The Court examined whether Matrixx elected not to disclose the reports of adverse events with the drug Zicam because they understood their likely effect on the market thus meeting the materiality requirement under Section 10(b) of the Securities Act of 1934. c. The Court determined whether the drug Zicam caused anosmia. d. The Court studied the...
How did one court rule in a case that involved a hospital where nurses were permitted to chart by exception in postoperative monitoring? Group of answer choices The court found that the record keeping was incomplete, which inferred negligence The court found that the patient was not informed and the hospital was negligent The court found that charting by exception was adequate as the practice was common at the hospital and was documented in hospital policies and procedures The court...
What was the remedy in the Standard oil and American Tobacco cases? a. They ended in consent decrees b. The two firms were broken up in divestitures c. The two firms had to pay damages to injured parties, but were allowed to continue operations without being broken up d. The two firms did not admit guilt, but they did agree to stop their monopolistic practices e. The two firms were nationalized by the government Group of answer choices 2. In...
What did the Court say about the Necessary and Proper Clause in McCulloch v. Maryland and US v. Comstock? What did it say about the General Welfare Clause in U.S. v. Butler and Helvering v. Davis?
Analyse the Supreme Court's ruling in Bakke v. California. What elements did the Court use to define that Reverse Discrimination had taken place? What becomes the new standard for Race in College Admissions?
Case 10.7 Polly Ann Heller v. Elizabeth Forward School District 2006 U.S. App. LEXIS 13547 (U.S. Third Circuit Court of Appeals) The issue is whether the school district had a valid explanation for paying younger male teachers higher salaries than it was paying three female teachers who were over 50 years of age. NYGAARD, CIRCUIT JUDGE. The School District’s salary scale and the collective bargaining agreement between the School District and the teachers’ union, sets different “steps” in salary depending...
Assignment 4-1 Week One Multiple Choice & Short Answer Total 40 points BACKGROUND INFORMATION: Comedian/actress Rosie O’Donnell was part of a breach of contract trial with Gruner & Jahr over the “Rosie” magazine. O’Donnell’s contract stated that she would hold the position of editorial director of the magazine, with control over the editorial process and editorial staff, subject only to the veto of the CEO of G&J. During trial, O’Donnell told the court that in the first run of the...
In the case of Osprey L.L.C. v. Kelly-Moore Paint Co (Links to an external site.)., the court cited Osprey’s denial of receiving the fax as evidence that Group of answer choices A) Kelly-Moore never tried to fax the notice. B) fax service was not adequate. C) the methods of service stated in the contract should have been used. D) Osprey denied receiving the fax.
Research the following case: Marvin v. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976) Submit a case brief using the following IRAC format: Facts: Detail what happened in your own words. Issue: What is the legal question to be answered before the court? Holding: The answer to the question Rule of Law: What does the law state? Analysis: Explain why the court ruled the way it did. Conclusion: Tie it all together You will be...