Question Description

Mod 4 HMWP2

PART I

Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week’s modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.

If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer.  Mention the facts where relevant to your analysis.  If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer. If facts are missing in your argument, please state what facts would be pertinent to each party’s case; also list any facts or information that could potentially damage a party’s case.

Read the questions carefully and attempt to answer each directly. Clear, well-organized, and concise writing will be rewarded. If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or outlines that you have personally prepared.

Submit your responses to the following:

1. How is real property different from personal property? Give several examples of each.

2. Find a prenuptial agreement online. What provisions are included in your example? Is it important to have a prenuptial in today’s society? Why and who may want to gain one prior to marriage?

3 What does it mean when a party to a contract assigns their rights? Who is the assignor? Who is the assignee? Who is the obligor? Why would someone want to assign their contractual rights over to another person?

4. Mr. Long executed the following legal document: "In consideration for goods sold to me on account by George Northman, I hereby transfer to George Northman all claims I may have against H. Hall arising from his debt of $1,500 to me."  (Signed) Thomas Long, March 21, 2004

1. 1. Who is the assignor?

   2. Who is the assignee?

   3. Why is Mr. Northman a party to this document?

   4. Why is H. Hall a party to this document?

5. Thompson, the owner of a successful floral shop, orally promised Franks, an experienced floral arranger, a bonus of $10,000 and a monthly salary if Franks would work for Thompson for two years.  The bonus was to be paid at the end of the two-year period.  Franks actually did work for the full term of the oral agreement.  Will the statute of frauds prevent Franks from collecting the bonus? Why or why not?

6. Cancho assigned to Plonski the right to collect $500 from Pitt.  Pitt, who was not notified of the assignment, paid the $500 to Cancho.  Can Plonski collect the $500 from Pitt? Why or why not?

Correct = (Students’ answers may vary.)

Hint = p. 210

LO = 7B4

Directions: In this module, we learned that duties that require a special talent may not be delegated without the permission of both parties to the contract. Why do you suppose this is the case? What issues can you foresee with allowing these duties to be delegated? Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 400 words. Please visit the Academic Resource Center for help with APA format.