Question

Formula to analyze legal problems

Style to answer essay questions

Think creatively - ”There are no answers only arguments.” Demonstrate in your answer you can use what you know.

1. FACTS ---- Establish the important facts which will lead you to….

2. RULE ---- What is the law governing this issue? Besure to state this to show you have learned something!

3. ANALYSIS ---- How does the rule apply to these unique facts? This shows that you leaned something and you know how to use what you learned.

4. CONCLUSION ---- What do you believe is the answer? Answer any questions that the essay question presents.

Question One

Bob is on the board of directors of Sunco Manufacturing.   Sunco wishes to purchase a new head office building.   

Bob is knowledgeable about real estate so the other two members of the board of directors authorizes Bob to negotiate the purchase a new head office building.

Bob owns the Ripoff Real Estate Company. Ripoff Real Estate owns the Acme Building with a present market value of $1,000,000.

Bob recommends to the other board members of Sunco Manufacturing that Sunco buy the Acme Building from Ripoff for $1,500,000.

The other board members do not question Bob about Ripoff Realty and he says nothing about his ownership interest in the Acme Building.  

The board of directors then agree to buy the property for $1,500,000.

Who could be sued as a result of this land purchase? Under what theories?

Question Two

Fred wants to start a store selling computers and computer equipment. He has three different names in mind. The first is Computer Land, the second is CPU for You and the third is Xenus Inc. From a trademark standpoint which do you feel would be the better name for the business. Explain your rationale.

Question Three

There are two adjacent properties Parcel A and Parcel B. Parcel A is owned by you and Parcel B is owned by your brother. Your property borders a lake with a dock and because it has access to the water for swimming and water sports is much more valuable than your brother’s property. You want to increase the value of your brother’s property now and when he might sell it in the future by granting this property the right to use the dock on your property. What real property concepts could you use to achieve this result?

Question Four

You are starting a business with three of your friends. The business will be to collect dangerous, toxic chemicals from various factories in the area and then recycle the chemicals into useful industrials cleaners. The recycling process is very dangerous but you have new technology that seems to work which was developed by one of your three friends. What business form would you choose to start this new company? Please explain your answer.

Question Five

Referring to Question Four and the new business. From an intellectual proper stand point how would you protect the new recycling technology that recycles toxic chemicals into useful industrials cleaners that will be used in your new business venture? Explain your reasoning please.

Answer 1

1) Bob had not disclosed his association and ownership in the Rip off real estate company, So clearly he had intention to sell the building at a much higher price.

Bob, can be sued for fraud. He breached the trust of the members and profited directly. But, the case would have much less merit and might not stand in the court of law. The first decision must be to remove bob from the board, so he would not commit further fraud.

2) If Xenus inc is not already registered, he could file for trademark registration, The other names like computer land and CPU for you would be very difficult to patent. Computer is a device and the entire device cannot be patented as you are not the inventer, CPU is also a device and cannot be patented as you are not the inventer. The trade name of Xenus if not yet registered can be patented if you can prove you are operating under the name.

3) Right to way can be granted. Roads in real-world pass through many owners' properties, many simply give access to the road without altering the title of the property, As the road is for common good you can mention the road in the document and register it.