LEGAL PROCESSES
EDMONDS COMMUNITY COLLEGE
ASSIGNMENT SHEET-CHAPTER SEVEN
1. Read Chapter Seven in the text.
2. Brief the case of Campbell Soup Company v. Wentz.
3. Answer the following questions:
a.
Enoch, Richard and Langdon Towne own Towne Brothers Rope Manufacturing; each has
a one third interest in the company. During Langdon’s absence (for military service),
Enoch and Richard, contrary to the partnership agreement the brothers signed when going
into business, decide to sell the store building, the inventory and a fleet of six delivery
vehicles to a group of California investors. The deal is structured in three parts with the
inventory transaction to be completed within the next four days, the building sale twenty
days thereafter, and the vehicles are to change hands approximately one month after the
building is sold.
Langdon, having recently returned from a successful military expedition to St. Francis,
Canada, is outraged on learning of his brothers' proposed actions. Langdon has come
before you, a local judge, seeking an injunction. Assume you have the power to issue
these documents. Is Langdon entitled to a permanent injunction, a preliminary injunction
or a temporary restraining order? Analyze the applicability of each order to each item in
controversy (the building, inventory and delivery fleet) and tell me what you would do as
the judge hearing this matter.
b. Reverend Browne owned several pieces of unusual pottery. Last week in order to make
some extra money he sold them to Konkapot, a second year archeology student, for five
hundred dollars. The pottery was moderately marred due to age and Browne insisted
Konkapot sign a written agreement accepting the pottery "as is". Today an article appeared
in the newspaper indicating the student, after consulting a well-known expert, sold the
pottery to a museum for the price of four thousand dollars. Reverend Browne is outraged
and wishes to sue. Discuss the applicability of the remedies of rescission, reformation and
restitution. What is the key element that influenced your decision?
c. Captain Carver made a promise to sell Natty Potter a prize bull. A written contract was
drawn up and the exchange of money and animal scheduled for three days later. At the time
for the exchange both Carver and Potter were unable to meet their respective parts of the
agreement. Potter forgot the bank would be closed because of a holiday and Carver kept the
bull so busy performing final services it was unwilling to move from its stall in the barn.
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LEGAL PROCESSES
EDMONDS COMMUNITY COLLEGE
ASSIGNMENT SHEET-CHAPTER SEVEN-Page Two
The following day Natty appeared with the money but the captain was still unable to
produce the fatigued animal. Potter now sues and seeks specific performance. Captain
Carver defends on the grounds Potter was unready to perform, unclean hands, hardship and
laches. You are the judge in this matter. Who should prevail? Why? Discuss all the raised
defenses and how the court should rule on same.
d. Major Rogers owns five vacation homes near the ocean being respectively: a small
cottage, a trailer, an old military headquarters tent, a moored boat and a yurt. All of the
major’s tenants are behind in making rental payments. What common law remedies should
be employed for recovery of the properties? Why?
e. Sergeant McNott’s Sports Boutique, a chain specializing in high priced physical fitness
items, has a branch in a north Seattle shopping mall. The lease agreement calls for payments
of two thousand dollars per month as rent. One clause in that agreement requires all stores
be open by eight o' clock in the morning and imposes a penalty should the owner open late,
of one hundred and fifty dollars every quarter hour for the first sixty minutes and one
thousand dollars per hour after that period of time. McNott has a domestic emergency and
opens two hours late. The mall sues seeking one thousand six hundred dollars damages.
You are the judge, render a decision and explain your reasoning. Would it make a difference
if the mall could produce a study showing that buyers in a mall spend substantially less
money when stores appear to be vacated or closed? Explain.
4. ESSAY QUESTION
Ann Potter owns a piece of property near Snoqualmie, Washington, which she wants to
clear and turn into a vacation home. The land is roughly four acres and contains several
stands of valuable yew trees. The bark from these trees may contain chemicals that cure
cancer and Ms. Potter plans to sell the yews for a large profit; these same trees also prevent
erosion on the property.
The contractor Potter hires to clear the land is told both orally and in writing, to cut trees
and brush on one-third of an acre, clear land for an access road and under no conditions to
cut any of the yew trees. A plot plan both agreed upon shows how this can be done. Two
weeks later Ann finds the contractor, Sir William Johnson, has cut down every tree on the
property and sold the yews to a California investor for fifty thousand dollars. In addition,
heavy rains have caused extensive flooding and damaged the land. Discuss compensatory
damages, the opportunity for Potter to recover the profits Johnson made on the sale of the
yews, the benefit rule, nominal damages, punitive damages and liquidated damages. Tell me
which damages the court would award and why.
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LEGAL PROCESSES
EDMONDS COMMUNITY COLLEGE
ASSIGNMENT SHEET-CHAPTER SEVEN-Page Three
5. Library Research-Answer the questions which appear below.
a. Identify the provision of Washington’s Consumer Protection Act which allows the
recovery of treble damages. Are there any limits on the monetary amount of these treble
damages? Explain. Can a successful plaintiff recover their court costs pursuant to this law?
b. Name the Washington statute which allows issuance of an injunction against selling term
papers or theses at colleges and universities. Identify the monetary penalties for single and
multiple violations of this law.
c. Pontiac says the federal district court in Seattle has handled cases on those forms of
injunctions known as restraining orders. The Princess McNott disagrees stating such is not
the case. Who is correct? Explain. Think carefully. The answer to this question can be
found by using a Washington legal research tool.
d. During the calendar year 1989 how many cases on the subject of consumer protection did
the Washington State Courts of Appeal decide. Think about how you would approach
researching this question. Be careful.
Optional Bonus Question-The Cultured Paralegal
Those students who successfully answer all of the questions below will receive one point.
1) What renown military unit did Major Rogers form and lead?
2) What did Major Rogers spend his life vainly seeking because in reality it never existed?
3) Who was the creator of Major Rogers, Langdon Towne, Konkapot etc.? Name the book in which they appear.
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