Business law Unit IV
Briefing Paper part 1: Critical Legal Thinking
Instructions:
Read Regal Finance Company, Ltd. and Regal Finance Company II, Ltd., Petitioners, v. Tex Star Motors, Inc., Respondent – found at http://www.search.txcourts.gov/Case.aspx?-0148&
Brief the facts of the case and assume your boss is seeking your opinions on what standard should a used car dealer be held when disposing of secured collateral. Should the UCC or legal precedent prevail? Do not concern yourself with the legalities of this case – focus on information that will help you answer the questions propounded above.
Briefing Paper part 2: Law Case with Answers
Instructions:
Read Mitsch v. Rockenbach Chevrolet – Cheeseman text page 260-261
Brief the facts of the case and assume your boss is seeking your opinions on whether the use of “As Is” disclaimers should be honored by the courts and are they ethical.
Provide convincing arguments for both sides of these issues.
Briefing Paper part 3: Critical Legal Thinking Cases
Instructions:
Read Sections 12.3 Implied Warranty of Merchantability; (p. 261-262) 13.7 Fraudulent Transfer; (p. 285) 12.7 Battle of the Forms; (p. 262-263); and 13.2 Buyer in the Ordinary Course of Business (p. 284)
Check the decisions of the highest appellate courts, if a case is cited, for each fact pattern.
Brief the facts of the case and assume your boss is seeking your opinions on whether each of the four subjects affect business in the United States and if so, provide the worst and best case scenarios.
Briefing Paper part 4: Ethics Case
Instructions:
Read Section 12.9 Ethics – Cheeseman text page 263
Brief the facts of the case and assume your boss is seeking your opinions on the 3 questions found at the end of Section 12.9. Argue both sides of all issues.