Business Law (Case Study Sample)

Running head: Business law
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Question 1
Newman and Franz will not succeed on being granted rescission. Rescission is an equitable remedy issued at the courts discretion. However it's an established common law position that rescission as a relief is not issued where third party rights have arisen, Car and Universal Credit v. Caldwell, Tweedle v. Atkinson.
Question 4
Odorizzi may declare the contract void ab initio by declaring that the defendants (the superintendent of the school District and his school principal0 exercised overwhelming influence over him and inhibited him from exercising an independent judgment. This claim can be furthered by the evidence that there was no time to consult an attorney. The act of denying him space (time) to consult an attorney coupled with the veiled threat of publicizing his dismissal amount to actual undue influence (Williams v. Bayley). Furthermore National Westminster Bank v. Morgan held that a transaction entered into that is manifestly disadvantageous to the person seeking to set it aside is a clear pointer of undue influence.
Odorizzi may further advance the position that the contract was an unconscionable and/or unfair bargain given that the co-defendants takes an unfair advantage of their position to procure his resignation, David C. Builders v. Rees.
Question 10
Stambovky will succeed if he pleads that Ackley committed fraudulent misrepresentation. Horsfall v. Thomas held that misrepresentation is a statement by one party ...