Board Members who are Lawyers

[husker rob]

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

[AR Husker Fan]

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

1. In which state is the contract executed (this can effect in which state any court action must be filed; i.e. venue)?

2. How was the contract executed (i.e., written, verbal)?

3. Do the terms of the contract specify a start date? If not, were there any statements or other facts that led John to believe that the contract would be completed by a date certain?

4. Do any conditions exist that allow the matter to be filed in federal court as opposed to state court (diversity of citizenship, amount in controversy, etc.).

5. Does the contract contain any clauses regarding which state's law is controlling?

6. Does the contract contain any clauses for liquidated damages?

7. Does the contract comply with the UCC (Uniform Commercial Code)?

8. Have both states adoped the UCC? Either state?

9. Does Jim have an agent registered in Virginia?

10. Does Jim have a company that performs the service; i.e., is he incorporated? If yes, is it registered with the Virginia's Secretary of State? (This will also affect the issue of venue).

 

How's that for a start?

[killer cacti]

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

 

Easy.

 

You tell John to get off his lazy a$$ and paint his house himself..

[Army Husker]

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

 

I don't think this would be a school answer, but I dealt with this quite often when I worked up in VA. John can send a certified letter to James telling him to return the advance or perform the contracted work. If the money is not returned, or the work completed 15 days after delivery by the Post Office, John can go obtain a warrant for James' arrest. The amount of the deposit will determine whether a misdemeanor or felony.

 

So in a roundabout way, I guess you could say that John can consider criminal charges against James in this.

[husker rob]

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

1. In which state is the contract executed (this can effect in which state any court action must be filed; i.e. venue)?

2. How was the contract executed (i.e., written, verbal)?

3. Do the terms of the contract specify a start date? If not, were there any statements or other facts that led John to believe that the contract would be completed by a date certain?

4. Do any conditions exist that allow the matter to be filed in federal court as opposed to state court (diversity of citizenship, amount in controversy, etc.).

5. Does the contract contain any clauses regarding which state's law is controlling?

6. Does the contract contain any clauses for liquidated damages?

7. Does the contract comply with the UCC (Uniform Commercial Code)?

8. Have both states adoped the UCC? Either state?

9. Does Jim have an agent registered in Virginia?

10. Does Jim have a company that performs the service; i.e., is he incorporated? If yes, is it registered with the Virginia's Secretary of State? (This will also affect the issue of venue).

 

How's that for a start?

thats good info, thanks. no i just have to read the next 4 chapters of the book to understand what you just said.

 

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

 

Easy.

 

You tell John to get off his lazy a$$ and paint his house himself..

really, how hard could it be right?

 

dont think that is the answer that the instructor will be looking for.

 

first question for the lawyers and anyone that has taken the Business Law class before.

 

James lives in Maryland but works in Virginia. John lives in Virginia but works in Maryland. John believes he has been taken advantage of by Jim in a business dealing. John has paid Jim a down payment to paint his house in Virginia. Jim promised to start as soon as he could. John has waited for three months and nothing has happened. John has called Jim and asked him when he will start the job. Jim replied, "I will start as soon as I can." Although this is clearly a contract dispute, a number of other issues are raised by this particular case. John has come to you and asked you for advice. What are the things John has to consider in this matter with Jim.

 

anyone.....anyone

 

I don't think this would be a school answer, but I dealt with this quite often when I worked up in VA. John can send a certified letter to James telling him to return the advance or perform the contracted work. If the money is not returned, or the work completed 15 days after delivery by the Post Office, John can go obtain a warrant for James' arrest. The amount of the deposit will determine whether a misdemeanor or felony.

 

So in a roundabout way, I guess you could say that John can consider criminal charges against James in this.

i dont think criminal charges would be the way to go here, maybe small claims court. just have to determine which state has jurisdiction.

 

 

thanks for the help

 

Rob

[HUSKER 37]

I think Jim should paint a picture of John's house....in Virginia, of course.