Jury Simulation Essay

Submitted By cekupp
Words: 808
Pages: 4
Open Document
Jury Simulation Questions
1. The common law applies to this contract because the contract is dealing with real estate. For it to be governed by the UCC it must by a contract for the sale of goods which it is not.
2. The signed proposal is an expressed contract. First, there was clear intent of acceptance by the bank. The bank prepared a term sheet and then signed and mailed the letter to Mr. Trill. Clearly they were satisfied with the deal, and Mr. Trill even then signed the proposal and sent it back to the bank. So, present intent was satisfied. Second, there was definiteness of the contract. The bank sent back the terms and even told the Iranians that they no longer had the offer until the Iranians decided to sue. This was when the bank reversed their decision and decided to go with the Iranians. I feel this shows the bank accepted the contract and they were ready to go through with the deal with Mr. Trill.
3. I think there is a lot of significance here. The bank stated that if the loan committee approved the proposal then they would go through with the deal. The bank created two contracts to two different people, whom they were liable to, by approving both of the deals. So, with the contracts already being on the table I feel it would not help the bank at all, and only show a further breach of contract.
4. I think the appraised value of the motor lodge should be included in the damages. This was the main part of the breach of the contract. Trill should be able to recover the $4.3 million he and the bank agreed upon for the motor lodge. This is a material breach and therefore Trill should be able to recover the full amount of this $4.3 million. I feel he is also able to recover consequential damages. His profits in my opinion are foreseeable and can be proven with reasonable certainty. The bank knew about his success with hotel renovations proving it was foreseeable and there were expert witnesses to prove it with reasonable certainty.
5. I think Trill is entitled to recover for punitive damages. The bank breached the duty of good faith by going back on what seemed to be a pretty clear contract to Trill. Therefore, breaking the act of good faith is an independent tort in this situation and the bank can be punished for it.
6. One of Trill’s strongest arguments is that there was a clear contract that was made and then breached by the bank. The bank was ready to go through with the deal until the threat of being sued by Snowbelt was upon them. So, I think there is little evidence to prove this was not a breach of contract. I also think he has a strong argument to recover both consequential and punitive damages, because it is clear to me the bank acted in bad faith by making two contracts and because his profit margin is well known and foreseeable for this type of deal.
7. The bank’s strongest
Show More

Related Documents: Jury Simulation Essay

Law and Juries Essay

December 3rd, 2008 LAWS – Make-up class Legal Actors 2 – Judges and Juries Juries Two separate functions in tension: 1. Accuracy: Decide the facts of a case, and apply the law to these facts under the judge’s direction Much more common in criminal trials. Bring in the jury to ascertain the facts. Primary job is to listen and find out what really happened 2. Flexibility: A safeguard to resist applications of legal rules that would contradict the “conscience of the community” Reflect the values of…

Words 593 - Pages 3

The Role Of Nurses In Nursing

Center suggested simulation training. What the simulation training does is allow students to practice on dummies to get the feel of how to treat patients. A new technology developed in recent years has created mannequins who can talk, interact with doctors and nurses, and graphically recreate many medical situations nurses and doctors in past history could only learn in clinic work or on the job: how to save a person in cardiac arrest for example (Wenzl, 2013). With this simulation training the nurses…

Words 3005 - Pages 13

Philip Caputo's A Rumor Of War

Phillip Caputo was only twenty-two when he enlisted in the Marine Corps in the hopes of leaving his small rural town of Westchester, Illinois. Caputo had always dreamt of being an honorable war hero for a short period of time, then coming back to the states and telling tales of his heroic war stories. However, Caputo is confronted with a rude awakening with the truths of the war which he writes about in his novel, A Rumor of War. Caputo faced extremes as he entered the Vietnam War in January of 1965…

Words 843 - Pages 4

A Bull Persuasive Speech

Ladies and gentlemen of the jury, I would like to thank you for being taxed with the grueling process of hearing evidence, testimonies, and speculation throughout these few days. However, we are here today to decide the fate of not a man, but a boy. To convict a boy guilty of “murder in the first degree- premeditated homicide… the most serious charge tried in our criminal courts,” (Rose 5). Sentencing a boy to die in a prison, or convict him not guilty, setting him free. Ladies and gentlemen we all…

Words 1433 - Pages 6

Jaidin jrp Essay

is that they put the image of the idea that blacks are criminals, thugs, drug dealers, etc. They imprint in the minds of the younger generation to stereotype blacks and other minorities. “In one study, police and civilians participating in video simulations were more likely to associate blacks with criminality.” (Russell-Brown) This shows how people stereotype blacks, and link them to criminal tasks and preserve them as dangerous. These facts cants go ignored. Many poor and minority citizens subscribe…

Words 938 - Pages 4

Gold Tip Ablation Catheter For Atrial Fibrillation

Memorandum |To: |Dr. Stone | |From: |Ruben Olivier | |Date: |17 June 2012 | |Subject: |Marketing analysis – Gold Tip Ablation Catheter for Atrial Fibrillation…

Words 1534 - Pages 7

Eyewitness Research Paper

Eyewitness Testimony Eyewitness testimony is defined as, “an area of research that investigates the accuracy of memory following an accident, crime, or other significant event, and the types of errors that are commonly made in such situations.” Much emphasis is placed on the accuracy of eyewitness testimony as often-inaccurate eyewitness testimony can have serious consequences leading to wrong convictions. Eyewitness testimony is a powerful tool within any field, particularly that…

Words 2534 - Pages 11

Staffing: Human Resource Management and Employees Essay

to sexual harassment complaints very quickly because employers are held responsible for sexual harassment if appropriate action is not taken. The cost of inaction can be high. The Civil Rights Act of 1991 permits victims of sexual harassment to have jury trials and to collect compensatory damages in cases where the employer acted with “malice or reckless indifference” to the individual's rights. Employers can take the…

Words 4923 - Pages 20

PPT for Chapter 1 Essay

Chapter 1 Understanding and Working With the Federal Tax Law Corporations, Partnerships, Estates & Trusts © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1 Competing Objectives Result in a Complex Law Structure • • • • • Revenue Needs Economic Considerations Social Considerations Equity (Fairness) Considerations Political Considerations Economic Considerations (slide 1 of 2) • Control the…

Words 2230 - Pages 9

Decision Analysis Essays

ASW/QMB-Ch.04 3/8/01 10:35 AM Page 96 Chapter 4 DECISION ANALYSIS CONTENTS 4.1 PROBLEM FORMULATION Influence Diagrams Payoff Tables Decision Trees DECISION MAKING WITHOUT PROBABILITIES Optimistic Approach Conservative Approach Minimax Regret Approach DECISION MAKING WITH PROBABILITIES Expected Value of Perfect Information RISK ANALYSIS AND SENSITIVITY ANALYSIS Risk Analysis Sensitivity Analysis DECISION ANALYSIS WITH SAMPLE INFORMATION An Influence Diagram A Decision Tree Decision Strategy…

Words 22397 - Pages 90