Law for Accountants. 3 questions (Each answer 350-450 words)

Law for Accountants. 3 questions (Each answer 350-450 words)

100% original and no plagiarism (Each answer 350-450 words)  APA format with references (Book attached)

11–4. Shipment and Destination Contracts – In 2003, Karen Pearson and Steve and Tara Carlson agreed
to buy a 2004 Dynasty recreational vehicle (RV) from DeMartini’s RV Sales in
Grass Valley, California. On September 29, Pearson, the Carlson’s, and
DeMartini’s signed a contract providing that “seller agrees to deliver the
vehicle to you on the date this contract is signed.” The buyers made a payment
of $145,000 on the total price of $356,416 the next day, when they also signed
a form acknowledging that the RV had been inspected and accepted. They agreed
to return later to have the RV transported out of state for delivery (to avoid
paying state sales tax on the purchase). On October 7, Steve Carlson returned
to DeMartini’s to ride with the seller’s driver to Nevada to consummate the
out-of-state delivery. When the RV developed problems, Pearson and the Carlson’s
fi led a suit in a federal district court against the RV’s manufacturer, Monaco
Coach Corp., alleging, in part, breach of warranty under state law. The applicable
statute is expressly limited to goods sold in California. Monaco argued that
this RV had been sold in Nevada. How does the Uniform Commercial Code (UCC)
define a sale? What does the UCC provide with respect to the passage of title?
How do these provisions apply here? Discuss. [Carlson v. Monaco Coach Corp.,
486 F.Supp.2d 1127 (E.D.Cal. 2007)]

11–5. Additional Terms – Continental Insurance Co. issued a policy to cover
shipments by Oakley Fertilizer, Inc. Oakley agreed to ship three thousand tons
of fertilizer by barge from New Orleans, Louisiana, to Ameropa North America in
Caruthersville, Missouri. Oakley sent Ameropa a contract form that set out
these terms and stated that title and risk would pass to the buyer after the
seller was paid for the goods. Ameropa e-mailed a different form that set out
the same essential terms but stated that title and risk of loss would pass to
the buyer when the goods were loaded onto the barges in New Orleans. The cargo
was loaded onto barges but had not yet been delivered when it was damaged in
Hurricane Katrina. Oakley fi led a claim for the loss with Continental but was
denied coverage. Oakley fi led a suit in a Missouri state court against the insurer.
Continental argued that title and risk passed to Ameropa before the damage as
specified in the buyer’s form under Section 2–207(3) of the Uniform Commercial
Code because the parties did not have a valid contract under UCC 2–207(1).
Apply UCC 2–207 on additional terms in an acceptance to these facts. Is
Continental correct? Explain. [Oakley Fertilizer, Inc. v. Continental
Insurance Co., 276 S.W.3d 342 (Mo. App.E.D. 2009)]

12–7. Libel and Invasion of Privacy – The Northwest Herald, a newspaper in Illinois,
regularly received e-mail reports from area police departments about criminal
arrests. The paper published the information, which is proper because the
reports are public records. One day, the Herald received an e-mail
stating that Carolene Eubanks had been charged with theft and obstruction of
justice. The paper put that information into an issue that was to be published
four days later. Several hours after the original e-mail had been received, the
police issued another e-mail, explaining that Eubanks had not been charged with
anything; the correct name was Barbara Bradshaw. Due to a long weekend, no one
at the Herald noticed the e-mail until after the paper had been published.
The following day, five days after the e-mails had been received, the paper
published a correction. Eubanks sued the Herald for libel and for
invasion of privacy. Does Eubanks have a good case for either tort? Why or why
not? [Eubanks v. Northwest Herald Newspapers, 922 N.E.2d 1196
(App.Ct.Ill. 2010)]

Book:

Cross, F.
B., & Miller, R. L. (2010). The Legal Environment of Business: Text and
Cases – Ethical, Regulatory, Global, and Corporate Issues, 8th Edition.
Cengage Publishing.

Chapter 11  

Chapter 12